- As per Section 105 of the Transfer of Property Act ,a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
- Hence, as per this definition, it is clear that one of the essential ingredients of lease, is, an interest in the subject property is to be created in favour of the ‘lessee/tenant’ by the ‘lessor.
- Since the possession is not given by the owner to you , i.e. the Resident welfare association not allowed you to shift into the tenanted premises , hence legally the landlord cannot take rent from you for any month , as the actual possession to of the tenanted premises is not give to you , even due to lockdown etc.
- Hence, you are not liable to pay the rent for the month of even March to May as well, due non-possession the tenanted premises, and the landlord under obligation to refund the same to you the deposited amount.
- Further, every tenant has a right to enjoy peaceful possession of the property without any disturbance or encumbrance from anyone including the owner, and at no point of time under your tenancy, your landlord ask you to evict or leave the premises without assigning a valid reason, and both the parties are bond with the clauses mentioned in the contract agreement.
- You are not responsible for the delay in possession due to lockdown , the landlord is accountable for the same , and he will have to bear the same , as after executing a lease deed , physical possession of the tenanted premises not given to you. and in the absence of actual possession , the agreement having no value in the eye of law.