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march 2006

Supreme Court of India · 2006-03-29

Sarup Singh Gupta vs S. Jagdish Singh And Ors.

Citation / case number
AIR 2006 SUPREME COURT 1734
Court
Supreme Court of India
Petitioner
Sarup Singh Gupta
Respondent
S. Jagdish Singh And Ors.
Author
B.P. Singh
Bench
B.P. Singh, Altamas Kabir

Judgment text excerpt

The Supreme Court held that under Section 113 of the Transfer of Property Act, 1882, a notice to quit can be waived by the landlord's acceptance of rent, indicating an intention to treat the lease as subsisting. The Court found that the High Court failed to address the appellant's argument regarding waiver due to the acceptance of rent post-notice. The appeal was dismissed, affirming the lower courts' decisions, as the necessary conditions for waiver were not sufficiently established.

Sarup Singh Gupta vs S. Jagdish Singh And Ors. · Niyam