Transfer of Property Act, 1882 · Chapter V: Of Leases of Immoveable Property
Section 115: Effect of surrender and forfeiture on under-leases
In plain words
If the tenant surrenders the lease, a sub-lease granted earlier on substantially the same terms survives, and the sub-tenant then pays rent to the landlord, unless the surrender was to get a new lease.
- Forfeiture of the lease ends such sub-leases, unless the landlord procured it to defraud the sub-tenants or relief is granted under section 114.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee shall be respectively payable to and enforceable by the lessor.
The forfeiture of such a lease annuls all such under-leases, except where such forfeiture has been procured by the lessor in fraud of the under-lessees, or relief against the forfeiture is granted under section 114.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.