RAN SINGH Vs. SAGAR CHAND

JUDGEMENT

(1.) This is a revision petition against an order of the Appellate Authority, Kangra affirming the order of the Controller directing the petitioner to hand over possession of the premises to the respondent.

(2.) The respondent landlord applied under Section 13 (3) (i) (iii) of the East Punjab Urban Rent Restriction Act for possession of the premises let out to the petitioner. The application was based on several grounds one of them being that the respondent bona fide required the premises for his own occupation. The Controller ruled in favour of the respondent, and allowing the application directed the petitioner to put the respondent in vacant possession of the premises by January 15, 1974. An appeal by the petitioner has been dismissed by the Appellate Authority on September 16, 1976

(3.) In this revision petition, it is urged on behalf of the petitioner that by accepting rent after serving the notice tc quit the respondent must be deemed to have waived the notice. Reliance is placed on Section 113 of the Transfer of Property Act. Section 113 provides: