...the Transfer of Property Act, 1882 which reads as follows:“113. Waiver of notice to quit.—A notice given under Section 111 clause (...submitted that the acceptance of rent by the respondent landlord even after effecting notice under Section 111 clause (h), amounted to waiver of notice to quit within the meaning ...given case, a notice given under Section 111 clause (h), may be treated as having been waived, but the necessary condition is that there must be some act on the part of the person giving the ...

.... The respondent failed to pay rent for July, 1947, before the end of August of that year; and so the appellant, without giving notice under Section 111(h) of the ...as is required by law under Section 111(h) of the Transfer of Property Act. The learned Judge held that notice under ...learned trial Judge : " Does Section 7 of Act XV of 1946 by necessary implication abrogate or repeal Section 111(h) of the ...

...said that he had abandoned the second notice and asked for the same to be treated as non est or that he had relied solely on the first notice dated June 13, 1956. Under Section 113 of the Transfer ...Narayan Apte this Court laid down that a notice to quit under the Transfer of Property Act would not be bad because by mistake or oversight more was demanded in the notice under ...to quit under Section 106 of the Transfer of Property Act were the same in England as well as in India. For the purpose of the present case it is wholly unnecessary to decide whether for ...

...for decision is as to whether the lease has determined by efflux of the time limited thereby or has been determined by a notice in accordance with Cl. (h), Section 111 of the Transfer ...tenancy so long as both parties are willing to continue it if one party gives notice of his desire to determine the lease, then, I think that the lease has determined either by efflux of the time limited thereby, namely, th...by Bombay Act 6 of 1930 by inserting after the words “such property” the following words: “but not including a suit for ejectment where…” Then there are three sub-clauses...

...Section 111(h) of the Transfer of Property Act. Once a notice under Section 106 of the Act is duly served and the s...Transfer of Property Act was filed against the appellant alleging that despite the expiration of the period provided in th...Section 106 of the Transfer of Property Act, the appellant is wrongfully and illegally occupying the same....

...Vasantkumar Radhakisan Vora, for short ‘Vasantkumar’. The appellants are his legal representatives. He was served with a notice under Section 106 read with Section 111(h) of the Transfer ...maintainable. Since the State Act ceased to be operative with effect from February 1, 1975, the quit notice issued under Section 106 read with Section 111(h) of Transfer ...397 where there was short delivery of one bundle out of 153 bundles consigned from Japan and omitted to be delivered and it was held to constitute an act done within the ambit of Section 87 of...

...of tenancy under Section 106 of the Transfer of Property Act. Merely because rent was also demanded in...the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease and such lease determines thereupon.”53. Section 111, clau...of the Transfer of Property Act provides for waiver of notice to quit given under Section ...

...paragraph now:“15. ………………………………We, however, are of the opinion, that a lease can be determined under any of the provision of section 111(a) to (h) of the ..., say under sub-Section 111(a) of the Transfer of Property Act, 1882, by efflux of time, the le...Transfer of Property Act, 1882 which provides for determination of a lease by efflux of time limited thereunder. He also placed sub-Section (h) read with...

...petitioner because of forfeiture of lease on the ground of non-payment of rent as contemplated under Section 111(g) of the Transfer of Property Act is ...the lease, or to quit, or of intention to quit. There is nothing on record to indicate that the lease is determined by forfeiture as contemplated under section 111(g) of the Transfer of ...the right to forfeit and the determination of the lease invoking such right of forfeiture. The respondent, being entitled to determine the lease under Section 111(h) of the Transfer ...

...not determined the lease by forfeiture under Clause (g) of Section 111, but the lease has been determined under Clause (h) of Section 111 by serving a notice in accordance with ...necessary for the landlord to have served a notice of forfeiture under Clause (g) of Section 111 of the ...its provisions do not amend, repeal, supersede or otherwise affect any other provisions, but in spite of that so far as the applicability of Section 13 is concerned it will Prevail over any other provision. I am, therefore,...

...the statutory notice.Section 111(h) of the Transfer of Property Act postulates the determination of the lease on the e...Property Act.Paragraph 6 of the plaint clearly suggests that upon expiration of the period given in the notice under Section 106 of the said Act, the right ...averment relating to the commission of default, nuisance, annoyance etc. is pleaded, but the tenancy is stated to have been determined upon service of notice under Section 106 of the Transfer ...

...I have already stated as to whether or not the notice to quit has been waived.5. Section 113 of the Transfer of Property Act deals with this point. It provides that ...S. 111, Cl. (h), which is applicable to the notice given in this case, is waived by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Had rent been...withdrawn from the Rent Controller prior to the filing of the suit there could be no question that this section would operate and that there would be a waiver of the notice to quit. It is however argued...

...Agarwal v. VIIth Additional District Judge, AIR 2006 NOC All 1246.36. A notice by landlord to vacate is notice of quit. A lease not determined under clause(c) to ...Section 111 of Transfer of Property Act.37. Since notice to quit in presenti i...Property Act, 1882.41. As per Section 111(h) of Transfer of Property Act in the present case, the determination ...

...that by accepting rent after serving the notice to quit the respondent must be deemed to have waived the notice. Reliance is placed on Section 113 of the Transfer of Property Act...notice to quit would ipso facto be treated as a revival of the tenancy and therefore attract Section 113. These cases, however, are not concerned with situations arising under the...operation of the Rent Control Act. It was painted out that in the circumstances as the payment and acceptance of rent was not unequivocal a waiver of the notice to quit could...

...not, in law, terminate the tenancy it having failed to comply with the provisions of Section 111(h) read with Section 106 ...receipt thereof would be effective in law as a notice to quit under Section 111(h) read with Section 106 of the ...of Section 111(h) read with Section 106 of the Transfer of Property Act. A re...

...the provisions of Section 113 of the Transfer of Property Act that notice given under ...to quit. The first notice is waived.8. The provisions of Section 113 of the T.P Act and illustration (b) came up for consideration before the Hon'ble Supreme...; plaintiff caused a notice dated 15-2-1994 to the defendants calling upon them to vacate and hand over vacant possession of the schedule property to him and to pay the arrears of rent, but the 1st defendant...

...effect during the continuance of the existing lease. This is an implied surrender of the former lease and such lease determines thereupon." Section 111, Clause (h) deals with the determinat...Transfer of Property Act provides for waiver of notice to quit given under Section 111, Claus...above shows that the same was a notice to quit under Section 111(h) read with Section 106 of the Transfer ...

...section 111(h) of the Transfer of Property Act no ground is required to be mentioned and a landlord cannot be denied the decree of eviction be...clause (h) of section 111 of the Transfer of Property Act is required in view ...being a defaulter merits reversal at the hand of this Court. He also contends that benefit of section 114 of the T. P. Act should be made available to the tenant as the...

.... jagdish singh, 2006(3) arc 320, the apex court interpreted section 113 of the transfer of property act and observed as follows:- "........acceptance of the said Money-Order on 9th September, 1996 by the respondent (plaintiff-landlord) in respect of rent for the period upto 31st August 1996 would not amount to waiver of notice under Section 1...stands waived. Therefore, if the rent, which becomes due for the period after the expiration of 30 days from the date of service of notice under Section 106 read with Section ...

...Section 113 of the Transfer of Property Act. This section reads as follows:- ...must be duly given according to Clause (h) of Section 111 of the Transfer of Property Act....Section 106 of the Transfer of Property Act and argues that the notice in order to be valid should not o...