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Section 113: Waiver of notice to quit.

The Transfer of Property Act, 1882Central Act · Act 4 of 1882

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.

Where this provision sits

ActThe Transfer of Property Act, 1882
Section113
Marginal noteWaiver of notice to quit.
JurisdictionCentral
StatusIn force as published by the source

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