Case Title: K.M. Manjunath V. Erappa. G (D)
The Supreme Court observed that mere acceptance of rent by the landlord after expiry of time period of the lease would not amount to a waiver of the termination of lease.
Brief facts of the case are that a suit for eviction was filed by the landlord and the tenant took contention that there was no valid termination of the tenancy as per Section 106 of the Transfer of Property Act, 1882. Based on this contention, the Trial Court dismissed the suit. The matter went to the High Court and the Karnataka High Court held that in view of Section 111(a) of the Act, the lease would determine by the efflux of time and under such circumstances notice of termination under Section 106 of the Act was not required. It referred to Shanti Prasad Devi & Anr. V. Shankar Mahto & Ors. where it was held that mere acceptance of rent by the landlord after expiry of the period of a lease would not amount to a waiver of the termination of lease.
Therefore, the defendant moved the Supreme Court through a SLP.
The Apex Court categorically held that "In view of the evidence thus obtained and taking into account the decision in Shanti Prasad Devi's case (supra) the High Court held that mere acceptance of the rent by the landlord after the expiry of the period of lease would not amount to waiver of the termination of lease. Relying on a Division Bench decision of the High Court in M.C. Mohammed V. Smt. Gowramma rendered relying on the decision in Pooran Chand Vs. Motilal & Ors., held that on expiry of the term fixed under the deed the tenant would not be entitled to statutory notice under Section 106 of the TP Act. It was found that on determination of the lease by efflux of time no further termination of the tenancy by issuing a statutory notice to bring termination of a lease already terminated is necessary."