Correct option is C
In cases of agricultural leases, where there is no written contract or local usage specifying the lease duration, the lease is deemed to be from
year to year under
Section 106 of the Transfer of Property Act, 1882. This section deals with the presumption regarding the duration of leases when there is no express contract or local law defining the term of the lease.
Information Booster
Section 106 of the Transfer of Property Act, 1882
Section 106 of the Transfer of Property Act provides the rules for the duration of certain leases when there is no explicit contract or local usage governing the lease. It distinguishes between leases for purposes other than agriculture and agricultural leases:
·
Non-agricultural leases: In the absence of an express agreement, leases for residential, commercial, or industrial purposes are presumed to be from
month to month.
·
Agricultural leases: Leases for agricultural or farming purposes are presumed to be from
year to year. This is because agricultural activities are often seasonal and require a longer duration for cultivation and harvesting.
Thus, in the absence of a written contract or local custom, agricultural leases are automatically considered as yearly leases, and the lease continues year to year unless terminated with notice.
Notice Requirements
For leases presumed to be from year to year, termination requires a
six months' notice to quit from either the lessor or the lessee, in writing. This ensures that the tenant or farmer has sufficient time to prepare for vacating the property or harvesting the crops.
