The acceptance of rent by the landlord after the receipt of a quit notice from the tenant does not constitute a waiver of the quit notice: Kerala High Court

Case: Sameerali v. Muhammed

Coram: Justice Badharudeen

Case No.: RSA No. 817 of 2019

Court Observation: “when there is waiver of notice within the meaning of Section 113 of the T.P Act, the old tenancy is not resurrected and on issuance of quit notice the lease is determined, then by consent of parties all what happens is creation of new tenancy. Therefore, after issuance of quit notice, the tenancy can be terminated and thereafter the status of the tenant is that of a tenant at sufferance, that is, a trespasser”

“in view of the settled law, the status of the defendant herein is that of a tenant at sufferance…(and) the quit notice would not waive, and the status of the tenant is a `tenant at sufferance’ and not beyond that”

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Keywords

The acceptance of rent by the landlord after the receipt