S.U. Khan, J. - (1.) Both the Courts below recorded the findings that U.P. Rent Regulation Act (U.P. Act No. 13 of 1972) was not applicable to the building in dispute, when suit was filed. The suit for eviction filed by petitioners, landlords against tenant respondent was registered as suit (SCC Suit) No. 44 of 1994 on the file of J.S.C.C., Ghaziabad. J.S.C.C. through judgment and decree dated 24th February, 1999, decreed the suit for eviction land recovery of arrears of rent. Tenant respondent filed SCC Revision No. 25 of 1999 against the said judgment and decree. VIth A.D.J., Ghaziabad through judgment and order dated 17th October, 2000, allowed the revision, set aside the judgment and decree passed by Trial Court/J.S.C.C. and dismissed the suit of the plaintiff petitioners. This writ petition has been filed by landlords against the said judgment and order of Revisional Court. The Revision Court allowed the revision only on the ground that as after service of notice of termination of tenancy landlords accepted the rent from the tenant, hence notice of termination of tenancy stood waived.
(2.) Notice of termination of tenancy was given on 18th January, 1994, in which rent from 1st November, 1993, till the date of the notice was demanded. On 10th February, 1994 tenant paid and landlord accepted the rent of November and December, 1993. Thereafter tenant sent the rent through money order which was refused by the landlord.
(3.) Waiver of notice is provided under Section 113, Transfer of Property Act, the said section contains two illustrations. The said section along with first illustration is quoted below: "113. Waiver of notice to quite.-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. (a) A, the lessor, gives B, the lessee, notice to quite 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.";