CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY · A.—Rights and liabilities of the lessor. B.—Rights and liabilities of the lessee
The Transfer of Property Act, 1882
A forfeiture under section 111, clause (g) is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any other act on the part of the lessor showing an intention to treat the lease as subsisting:
Provided that the lessor is aware that the forfeiture has been incurred:
Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture; such acceptance is not a waiver.
2 questions in 7 of our papers cite Section 112. Try these from the free papers:
1. T, a lessee, breaks an express condition of the lease which allows the lessor L to re-enter on its breach. L, knowing of the breach, gives T written notice determining the lease and then sues to eject him. During the suit, L accepts from T rent which fell due after the forfeiture. Under Section 112 of the Transfer of Property Act, 1882: