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The Transfer of Property Act, 1882 governs a lease and the civil court has jurisdiction. The tenant…

Section 111(g) governs forfeiture on repudiation of the tenancy by setting up title in a third person, with written notice to determine the lease. Section 112 expressly…

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The Transfer of Property Act, 1882 governs a lease and the civil court has jurisdiction. The tenant sets up a third party’s title. After valid written notice of forfeiture, the landlord files an ejectment suit on that ground. During the suit the landlord accepts rent and continues to prosecute the claim. What is the effect of that acceptance by itself?

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Answer and explanation

Correct answer B

Section 111(g) governs forfeiture on repudiation of the tenancy by setting up title in a third person, with written notice to determine the lease.

Section 112 expressly provides that acceptance of rent after institution of an ejectment suit based on forfeiture is not a waiver.

Option feedback

Option A

Section 112’s second proviso excludes waiver by acceptance of rent after the relevant suit is instituted.

Option B

The rent was accepted after suit on the forfeiture ground, so the second proviso applies.

Option C

Acceptance while prosecuting the suit does not by itself establish assent to a new tenancy.

Option D

Section 111(g) requires the specified written notice. A later payment does not replace it.

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