AI Overview...
- Notice Period under Section 106 of the Transfer of Property Act (TPA) can be waived by the tenant or lessor through their conduct or consent.
- A tenant's acceptance of rent after issuance of notice does not automatically amount to waiver unless there is clear implied or express consent. For example, mere receipt of rent before expiry of notice does not constitute waiver (Sources: 00200026311, 02500057210, 02500003000).
- The waiver can occur if the tenant or landlord explicitly or implicitly agrees to forgo the notice, such as by continuing tenancy or accepting rent post-notice (Sources: 02200036293, 02100090978, 02100098659).
- Non-issue of a valid notice under Section 106 can be deemed waived if the tenant does not raise the objection specifically in their written statement or during proceedings (Sources: 00400056082, 02300021591, 02300041770).
- Courts have held that waiver is a question of fact, dependent on the conduct of the parties, and can be inferred from their actions rather than explicit statements.
- However, statutory provisions like the second proviso to Section 106 specify that acceptance of rent after institution of a suit does not amount to waiver of forfeiture or termination rights (Sources: 02500003000).
- Overall, while Section 106 mandates a notice period for termination, this requirement can be waived in certain circumstances through conduct, especially if the parties' actions indicate consent or acceptance, and the waiver is recognized by courts based on facts of each case.
References:
- Universal Cables Ltd. VS Laxmi Properties Ltd. - Bombay, Kapur Chand VS Kanji - Andhra Pradesh, SANJIV VS MAHABIR DIGAMBAR JAIN MANDIR - Allahabad, Pawan Kumar VS Sita Devi - Allahabad, Bhaiya Ram Hargo Lal VS Mahavir Prasad Murari Lal Mahajan - Punjab and Haryana, Ram Murti & Sons VS Punjab Wakf Board - Punjab and Haryana, UNION OF INDIA VS SUDARSHAN LAL TALWAR - Allahabad, Biswadev Roy VS Prem Khemani - Orissa, Incorporated and Unincorporated Devaswams, Suchindram, rep. by its Executive Officer VS Thomas Aythamattam - Madras, Kayaroganaswamy Neelayadhatchi Amman Devasthanam represented by its Executive Officer VS Nagapattinam Co-operative Housing Society Limited represented by its Secretary - Madras
Search Results for "Notice Period under Section 106 of Transfer of Property Act can be Waived in Certain Circumstances"
2018 0 Supreme(Bom) 363 • India - Bombay
G.S.KULKARNI
requirement of section 106 of Transfer of Property Act- One recital in notice terminates tenancy from of issue of notice other one ... Maharashtra Rent Control Act, 1999 - Section 3(1)(b) - Transfer of Property Act, 1882 - Section 106 - Terminating ... of Property Act should be specifically raised in written statement failing which it will be deemed to have been waived - In prese....
1958 0 Supreme(AP) 127 • India - Andhra Pradesh
SRINIVASA CHARI, MOHAMMED AHMED ANSARI
Under Section 106 of the Transfer of Property Act, 1882, a lease of immovable property for other than agricultural purposes is deemed ... Section 113 of the Transfer of Property Act, 1882 provides that a notice to quit is waived with the express or implied consent of ... WAIVER OF NOTICE TO QUIT - TRANSFER OF PROPERTY ACT, 1882 - SECTION 111(H), 113 - LEASE - TENANCY FROM MONTH T....
2012 0 Supreme(All) 1334 • India - Allahabad
SHASHI KANT GUPTA
Transfer of Property Act, 1882—Section 106—Tenancy—Termination of—Notice—Waiver of—What constitutes—Suit for arrears of rent and ... —(No)—Mere acceptance of rent before the expiry of notice as issued under Section 106 of T.P. ... Act will not amount to waiver of notice—Even after accepting the rent tendered, landlord filed on eviction suit—Therefore, landlord ... Therefore, if the rent, which bec....
2019 0 Supreme(All) 2177 • India - Allahabad
SURYA PRAKASH KESARWANI
either the undertaking as aforesaid is not submitted or a sum of Rs. 30,000 is not deposited within the stipulated period ... disputed shop till either the undertaking as aforesaid is not submitted or a sum of Rs. 30,000 is not deposited within the stipulated period ... The lessor is still required to approach the competent court for recovery of possession of the property over which the lease is terminated. Thus, on expiry of period of notice under Section 106 of the ....
1968 0 Supreme(P&H) 95 • India - Punjab and Haryana
R.S.NARULA, GOPAL SINGH, SHAMSHER BAHADUR
a notice under section 106 of the Transfer of property Act can be waived by a tenant; and Whether objection as to the validity of ... non-issue of a notice under section 106 of the Transfer of property Act can be waived by a tenant; and Whether objection as to the ... the notice can be waived by a tenant in a case in which a defective notice has been issued. .......
2010 0 Supreme(P&H) 1814 • India - Punjab and Haryana
VINOD K.SHARMA
(A) Transfer of Property Act, 1882, S.106--Punjab Wakf Act, 1995, S. 56--Possession--Whether Section 56 of Punjab Wakf Act, could ... of lease deed as Section 36 of 1954 Act was not enforced. ... --It is always open to courts to grant lesser relief than claimed, in facts and circumstances of case--Decree of learned lower appellate ... ... Section 106 of the Transfer of Property Act reads as under....
2002 0 Supreme(All) 460 • India - Allahabad
B.K.RATHI
Act] - The court discussed the waiver of notice under S. 106 of T. P. ... waiver - eviction - S. 106 of T. P. Act - [S. 106 of T. P. ... Act sent by the opposite party to the revisionists had been waived. ... The second proviso to the section specifically provides that acceptance of rent after the institution of the suit will not amount to waiver of the forfeiture. It does not pr....
2021 0 Supreme(Ori) 469 • India - Orissa
D.DASH
Counter Claim - Tenancy Dispute - Code of Civil Procedure - Section 100 - Transfer of Property Act - Section 106 - Waiver of Notice ... - Eviction - Rent Acceptance - [KEYWORD] - Tenancy Dispute - Code of Civil Procedure, Transfer of Property Act - Section 100, Section ... were waived due to lack of specific pleading in the written statement. ... Harbans Singh; (2006) 9 SCC 216, it has been held as under:- 'Law is....
1992 0 Supreme(Mad) 419 • India - Madras
BELLIE, ABDUL HADI
AGRICULTURAL LEASE - NOTICE OF TERMINATION - TRANSFER OF PROPERTY ACT, S. 117 - APPLICABILITY - WAIVER OF NOTICE. ... Whether defendants had waived their right to a notice of termination. Ratio Decidendi: 1. ... Defendants had waived their right to a notice of termination by admitting in their written statement that they had received a suit ... ... A reading of this section shows that the provisions of Ss. 105 to 116 of the Transfe....
2012 0 Supreme(Mad) 1293 • India - Madras
M.VENUGOPAL
Waiver of Notice - Property Lease - Transfer of Property Act, Section 106, 111(h), 113, 116 - The court discussed the waiver of ... The substantial question of law was whether the Plaintiff, by accepting the rent, had waived the notice issued under Section 106 ... notice under Section 113 of the Transfer of Property Act and the acceptance of re....
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