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Section113
The Transfer of Property Act, 1882

Waiver of notice to quit

In force From 01 Jul 1882 Act 4 of 1882 As on 15 Oct 2026

Act 4 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1882

Section 113 of the Transfer of Property Act, 1882 deals with waiver of notice to quit. A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. The Act came into force on 01 Jul 1882.

A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting.

Illustrations

(a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, B tenders, and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.

(b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.

Section 113, The Transfer of Property Act, 1882 (Act 4 of 1882).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 111 Determination of lease

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. C. Albert Morris vs K. Chandrasekaran

    Supreme Court of India 26 Oct 2005 Binding (SC)

    Court's Decision & Legal Precedent

    The word 'right to the site' in Rule 153(1)(i) of the Petroleum Rules, 1976 means a legal right to continue in possession of the site, not mere physical possession or juridical possession. A tenant holding over after lease expiry, despite continued occupation and payment of money to the landlord, does not acquire a legal right to the site unless the landlord has expressly or impliedly consented to a fresh tenancy. Mere acceptance of rent by the landlord after lease expiry does not create a fresh tenancy under Section 116 of the Transfer of Property Act; both the landlord's intention to assent to continued possession and the tenant's offer must concurrently operate. Lawful possession requires a legal right to possess the property and cannot be equated with juridical possession or litigious possession. Therefore, a tenant at sufferance has no legal right to the site for purposes of license renewal under the Petroleum Rules.

    On this section: Waiver of notice to quit - the Court held that mere receipt of rent does not constitute waiver; both the landlord's intention to treat the lease as subsisting and the tenant's consent must concurrently operate

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 113

What have the courts held on Section 113 of the Transfer of Property Act?

C. Albert Morris vs K. Chandrasekaran (26 Oct 2005) is the leading judgment on this section among those set out below: Waiver of notice to quit - the Court held that mere receipt of rent does not constitute waiver; both the landlord's intention to treat the lease as subsisting and the tenant's consent must concurrently operate.

How do I find court cases under Section 113 of the Transfer of Property Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 113, section 113 TP Act, section 113 of the Transfer of Property Act. People searching for it also type section 113 tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with C. Albert Morris vs K. Chandrasekaran (26 Oct 2005).

What should I read with Section 113 of the Transfer of Property Act, and has it changed?

Its own text turns on section 111 (Determination of lease), so none of them can safely be read on its own.

When did Section 113 of the Transfer of Property Act come into force?

Section 113 of the Transfer of Property Act, cited as TP Act 113, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.