A landlord serves a notice to quit. The notice expires, but the tenant remains in possession. With the…
Section 113 treats a notice to quit as waived when the person who gave it acts as though the lease subsists, with the express or implied consent of the recipient. Serving a…
Choose your answer
A landlord serves a notice to quit. The notice expires, but the tenant remains in possession. With the tenant’s implied consent, the landlord treats the lease as subsisting and serves a fresh notice to quit on the tenant as lessee. What happens to the earlier notice?
Answer and explanation
Correct answer A
Section 113 treats a notice to quit as waived when the person who gave it acts as though the lease subsists, with the express or implied consent of the recipient. Serving a fresh notice on the occupant as lessee is the act described in illustration (b).
Option feedback
Option A
The landlord’s conduct and the tenant’s consent satisfy section 113.
Option B
Waiver prevents the earlier notice from remaining operative.
Option C
The fresh notice is given on the footing that the tenancy subsists.
Option D
Waiver affects the operation of the earlier notice without changing the validity of its original service.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttarakhand Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision