Section 114 of TPA : Section 114: Relief Against Forfeiture For Non-Payment Of Rent

Explanation using Example

Imagine John rents an office space from Sarah under a lease agreement. The lease states that if John fails to pay the rent by the due date, Sarah has the right to terminate the lease and evict him for non-payment (a forfeiture clause). John misses a rent payment due to financial difficulties. Sarah initiates legal proceedings to evict John for breaching the lease terms.

At the court hearing, John realizes the severity of the situation and offers to pay all the overdue rent, the interest on it, and Sarah's legal costs. The court, recognizing John's willingness to remedy the breach, may apply Section 114 of the Transfer of Property Act, 1882. Instead of ordering an eviction, the court gives John a chance to retain the lease by making the overdue payment within a set period (15 days), effectively giving John relief from forfeiture.