Section 114A of TPA : Section 114A: Relief Against Forfeiture In Certain Other Cases

Explanation using Example

Imagine Jane has leased a commercial space from Tom for her bakery. The lease agreement includes an express condition that Jane must not use the premises for anything other than bakery purposes. One day, Tom finds out that Jane has started using a portion of the space as a boutique clothing store, which is a breach of the lease condition.

Before Tom can file a suit for ejectment to remove Jane from the property, Section 114A of the Transfer of Property Act, 1882, requires him to give Jane a written notice. This notice must:

• Specify that Jane is using the space as a clothing store, which is a breach of the lease condition.
• Require Jane to stop using the property as a clothing store and revert to using it solely as a bakery.

Only if Jane fails to revert the usage of the premises to a bakery within a reasonable time after receiving the notice, can Tom proceed with filing a suit for ejectment.