നോട്ടീസ് അയച്ചു കഴിഞ്ഞു വാടക വാങ്ങാമോ ? Rent Received after notice to quit.

mere receipt of rent by the landlord, after receipt of quit notice by the tenant, would not be tantamount to waiver of the quit notice, contemplated under Section 113 of the T.P Act.
Justice A Badharudeen in Sameerali Vs. Muhammed
In [(1968) 2 SCR 20 :: 1967 ICO 36], Calcutta Credit Corporation Ltd. & anr. v. Happy Homes (P) Ltd., a three-judge Bench of the Apex Court declared the law to be that when there is waiver of notice within the meaning of Section 113 of the T.P Act, the old tenancy is not resurrected and on issuance of quit notice the lease is determined, then by consent of parties all that happens is creation of new tenancy. Therefore, after the issuance of quit notice, the tenancy can be terminated and thereafter the status of the tenant is that of a tenant at sufferance, that is, a trespasser. In view of the settled law, the status of the defendant herein is that of a tenant at sufferance and merely because PW1 gave evidence during cross-examination that the defendant has also been continuing in occupation of the building, the quit notice would not be waived and the status of the tenant is a `tenant at sufferance' and not beyond that. Therefore, the defendant is bound to vacate the building. Accordingly, the substantial question of law stands answered holding that mere receipt of rent by the landlord, after receipt of quit notice by the tenant, would not be tantamount to waiver of the quit notice, contemplated under Section 113 of the Transfer of Property Act.
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[@solobiketravelers93]

Sir, different between rent recovery act 1853 1(A)(B) and RCP section 12...

[@KeralaRentControl]

Rent Recovery Act of 1853 is not applicable to Kerala.

[@solobiketravelers93]

Sir which section to take for RENT RECOVERY in Kerala?

[@KeralaRentControl]

You have to file civil suit for realisation of rent.

[@solobiketravelers93]

Thank you sir 🙏...
My tenant is still in ex parte .. can I file an RCP section 12 ?

[@hashimek2993]

Sir കേസ് നിലവിൽ ഉള്ളപ്പോൾ വാടക കുടിശിക ഉണ്ട്‌ അത് മുഴുവനും കിട്ടുമോ?

[@KeralaRentControl]

Yes

[@manubabu5281]

Sir njan oru veedu ottick eduthu 11masam kalavathiyil 8 lakhs cash koduthu eppo 6 months ayi eppo ee veedu jepthiyil anu 1 monthinakam maranamenn Bank il ninnum paranju owner cash thannittilla enthanu cheyyendeth ennu paranjutharamo please answer me

[@KeralaRentControl]

File case and obtain an attachment over this property, if there is balance amount while sale, you get your amount.