TAYABALI JAFERBHAI TANKIWALA vs M/S. ASHA & CO. AND ANR.

The Supreme Court held that under Section 113 of the Transfer of Property Act, 1882, a notice given under Section 111(c)(h) can be waived by the landlord's actions indicating an intention to treat the lease as subsisting. The Court found that the landlord's issuance of a second notice, which acknowledged the tenancy and included a new ground for eviction, demonstrated such waiver. Consequently, the appeal for eviction based solely on the first notice was dismissed, affirming that the landlord could not rely on the initial notice after treating the tenancy as ongoing.