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Under the Transfer of Property Act, 1882, A, the lessor, gives B, the lessee, notice to quit the…

This is the situation in illustration (b) to section 113: after the first notice expires, the landlord gives the occupier as lessee another notice to quit. That treatment of…

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Under the Transfer of Property Act, 1882, A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires and B remains in possession. A gives B a second notice to quit the possession. Decide the validity of the first notice.

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Correct answer A

This is the situation in illustration (b) to section 113: after the first notice expires, the landlord gives the occupier as lessee another notice to quit. That treatment of the lease as subsisting waives the first notice. The first notice is therefore not retained as an independently operative termination alongside the second.

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