Rights and liabilities of the lessor

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The parties to a lease are free to agree to any terms and conditions. However, in the event any terms and conditions are not agreed, Section 108 of the Transfer of Property Act lays down default terms which the parties have deemed to agree.

It is the duty of the landlord to disclose to the tenant any material defect in the specific immovable property, which is intended to be transferred to the tenant, which the landlord was aware of at the time of induction of the tenant.  The landlord is obliged to hand over possession of the premises to the tenant and allow the tenant to enjoy the premises without interruption, during the term of the lease, as long as the tenant is paying the rent regularly.

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