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Supreme Court of India
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Civil Law
Bare Acts
The Transfer of Property Act, 1872
Section 97-137
Section 100
Section 105
Section 107
Section 118
Section 121
Section 122
Section 127
Section 128
Section 134
Section 113- 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.

     
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