Section 113 The Transfer of Property Act, 1882

 Section 113 The Transfer of Property Act, 1882: 


Waiver of notice to quit.—A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Illustrations

(a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.

(b) A, the lessor, gives B, the lessee; notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.



Supreme Court of India Important Judgments And Leading Case Law Related to Section 113 The Transfer of Property Act, 1882: 

Tayabali Jaferbhai Tankiwala vs M/S. Asha & Co. And Anr on 24 September, 1969

Sarup Singh Gupta vs S. Jagdish Singh And Ors. on 29 March, 2006

The Calcutta Credit Corporation ... vs Happy Homes (P) Ltd on 23 October, 1967

C. Albert Morris vs K. Chandrasekaran & Ors on 26 October, 2005

State Of Kerala vs M/S Joseph And Company on 3 September, 2021

D.D.A vs M/S.Anant Raj Agencies Pvt.Ltd on 12 April, 2016

Mangilal vs Suganchand Rathi on 24 October, 1963

Ranjit Chandra Chowdhury vs Mohitosh Mukherjee on 17 March, 1969




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