Whether there is waiver of termination of tenancy by acceptance of rent by landlord?
of termination of tenancy by acceptance of the rent.
The waiver can occur only when the lessor has treated
the tenancy as subsisting. Mere acceptance of arrears of
rent can not imply that the lessor treated the tenancy as
subsisting unless it can be established as conscious and
deliberate act. There has to be consensus ad idem of the
parties to treat the lease as subsisting or reestablish the
relationship of the landlord and tenant. Mere
acceptance of rent, therefore, without the intention to
treat the lease as subsisting would not amount to
waiver. The acceptance of rent may be without
prejudice to the rights and contentions in the notice, it
does not amount to waiver. Waiver has to be a
deliberate and conscious act on the part of the landlord
to treat the contractual tenancylease as subsisting. If
the eviction suit is continuing even after acceptance of
the rent it indicates that the landlord has no intention to
waive the quit notice because landlord has elected to
continue with the eviction proceedings in order to
recover possession from the lessee.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
SECOND APPEAL NO.427 OF 2002
Narendra Vyankatesh Tambat,
// VERSUS //
Pravinkumar Khushalchand Tated,
Date of pronouncing the Judgment : 9.7.2015.
CORAM : A.P.BHANGALE, J.
Citation;2016(1) ALLMR 25
https://www.lawweb.in/2016/04/whether-there-is-waiver-of-termination.html
