https://www.taxtmi.com/caselaws?id=200590 A tenancy created by holding over under Section 116 of the Transfer of Property Act is a fresh statutory tenancy, so a notice-dispensing clause in the original lease does not automatically carry forward to the renewed tenancy. In the absence of a specific agreement applicable to the holding-over tenancy, termination must comply with Section 106; for a manufacturing lease, that requires six months' notice expiring with the year of tenancy. Waiver of the right to challenge a defective quit notice requires intentional and conscious relinquishment of a known right, and cannot be inferred merely from silence or delayed pleading. On these principles, valid statutory notice remained necessary. en-us Wed, 05 Feb 1975 00:00:00 +0530 Fri, 06 Apr 2018 15:09:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200590 A tenancy created by holding over under Section 116 of the Transfer of Property Act is a fresh statutory tenancy, so a notice-dispensing clause in the original lease does not automatically carry forward to the renewed tenancy. In the absence of a specific agreement applicable to the holding-over tenancy, termination must comply with Section 106; for a manufacturing lease, that requires six months' notice expiring with the year of tenancy. Waiver of the right to challenge a defective quit notice requires intentional and conscious relinquishment of a known right, and cannot be inferred merely from silence or delayed pleading. On these principles, valid statutory notice remained necessary. Case-Laws Indian Laws Wed, 05 Feb 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200590