...Section 113 of the Transfer of Property Act, 1882 which reads as follows:“113. Waiver of notice to quit.—A notice given under Section 111 clause (h), is waived, with the express or...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 of Section 113 of the Transfer of Property Act. He...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 notice evincing an...

...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 of Property Act a notice given under Section 111, clause (h) is...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 Section 12(2) of the Bombay Rents, Hotel...Privy Council in Harihar Banerji v. Ramsashi Roy had said that the principles governing a notice to quit under Section 106 of the Transfer of Property Act were the same in England as well as in...

...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 of Property Act...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, the duration of the will of the parties, or under Cl. (h), Section 111 of the Transfer of Property Act. In...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...

...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 of Property Act (hereafter ‘T.P Act’) terminating the tenancy in terms of the convenants of lease and was asked to deliver possession of the demised property giving one month's time from January 22, 1975.2. It was served on Vasantkumar on January 28, 1975. The notice of...is not 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 of Property Act became...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 the Bombay Port Trust Act, 1879 and the bar of limitation prescribed thereunder would apply. Thus we have no hesitation to hold that the notice under Section 106 and Section 111(h) of the Transfer of Property Act...

...Section 111(h) of the Transfer of Property Act. Once a notice under Section 106 of the Act is duly served and the suit for recovery of possession is filed after expiration of the period...Transfer of Property Act was filed against the appellant alleging that despite the expiration of the period provided in the statutory notice issued under...Section 106 of the Transfer of Property Act, the appellant is wrongfully and illegally occupying the same.3. The defence, which was...

...of tenancy under Section 106 of the Transfer of Property Act. Merely because rent was also demanded in the said notice, it did not mean that the said notice was not a notice under Section 106 of the Transfer of Property Act. Hence, the submission proceeds, the present case was a case of determination of lease under Section 111(h) of...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, clause (h) deals with the determination of lease of immoveable property on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.54. Section 106 of the Transfer of Property Act deals...of the Transfer of Property Act provides for waiver of notice to quit given under Section 111, Clause (h) of the...

...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 Transfer of Property Act and if it is proved that the lease is determined under any of the provisions of section 111(a), (b), (c), (d), (e), (f) and (g) of the Act, then the notice under..., say under sub-Section 111(a) of the Transfer of Property Act, 1882, by efflux of time, the lease has come to an end. Therefore, there is no need for further determining the lease under 111(h). In this case the second part of the notice assumes...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 presumptive. The lease of an immovable property could be determined in any of the circumstances mentioned in Section 111 of the Transfer of Property Act, and as contemplated under section 111(h) of the Transfer of Property Act, lease determines on the expiration of a notice to...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 Property Act. The respondent in issuing the Legal Notice dated 04.10.2018, though has referred to the petitioners conduct in being a defaulter and subleasing the property, has determined the lease as contemplated under section 111(h) 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 of Property Act, has issued notice as...

...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 Section 106 of the Transfer of Property Act. 10...necessary for the landlord to have served a notice of forfeiture under Clause (g) of Section 111 of the Transfer of Property Act on the tenant. Section 111 deals with determination of leases or tenancies whereas Section 13 deals with the conditions under which protection against eviction can be claimed. If the lease were not determined in accordance with Clause (h) of...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, unable to accept the contention of the learned counsel that notice of forfeiture under Section 111(g) of the Transfer of Property Act was still required when there was a determination of tenancy under Clause (h) of...

...the statutory notice.Section 111(h) of the Transfer of Property Act postulates the determination of the lease on the expiration of the notice. The core issue...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 of the defendant to remain in the...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 of...

...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 notice given under...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 (g) of Section 111 of Transfer of Property Act can be determined as per clause(h) of...Section 111 of Transfer of Property Act.37. Since notice to quit in presenti in Section 111(h) of...Property Act, 1882.41. As per Section 111(h) of Transfer of Property Act in the present case, the determination of tenancy has been given the cut off date as 31.3.1994 The date of termination of tenancy is a valid one. Therefore, it cannot be contended by any such of imagination that the suit suffers because Ex.A.3 notice is...

...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, Section 113 provides:“A notice given under Section 111, clause (h), is...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 of the Transfer of Property Act. Learned counsel for the defendant-appellant fairly conceded that the validity of the notice was...receipt thereof would be effective in law as a notice to quit under Section 111(h) read with Section 106 of the Transfer of Property Act.5. A large number of decided cases have been cited at the bar by the learned counsel for the parties. A notice terminating...of Section 111(h) read with Section 106 of the Transfer of Property Act. A reference to certain observations of...

...the provisions of Section 113 of the Transfer of Property Act that notice given under Section 111(h) is waived with...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 determination of lease of immovable property on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other. 26. Section 106 of the Transfer of Property Act deals...Transfer of Property Act provides for waiver of notice to quit given under Section 111, Clause (h) of the said Act. The said Section 113 lays down as follows...above shows that the same was a notice to quit under Section 111(h) read with Section 106 of the Transfer of Property Act. No doubt, there is demand for arrears of rent to be paid within one month of the receipt of the notice, but...

...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 because a particular ground does not find place in the notice. 4...clause (h) of section 111 of the Transfer of Property Act is required in view of the aforesaid decision of the Supreme Court. The impugned judgment cannot...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:- ".......A mere perusal of Section 113 leaves no room for doubt that in a given case, a notice given under Section 111, clause (h), may...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 106 read with Section 111 (h) of the Transfer of Property Act. 130...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 111 (h) of the Transfer of Property Act, is...

...Section 113 of the Transfer of Property Act. This section reads as follows:- "A notice given under Section 111, Clause (h), it waived...must be duly given according to Clause (h) of Section 111 of the Transfer of Property Act. Where a notice which was...Section 106 of the Transfer of Property Act and argues that the notice in order to be valid should not only have been of the duration of 15 days or more but should have expired with the end of...