ખાલી કબ્જાની નોટીસના સમયમાં ભાડુઆત દ્વારા ચૂકવેલ ભાડાની રકમ માલિક સ્વીકારે તેથી તે નોટીસનો હક્ક જતો કરે છે તેમ માની શકાય નહીં.

રીલેટેડ પેરેગ્રાફ :

 Transfer of Property Act (4 of 1882), S.113,  S.106.
  
Legal position as emerging from the aforesaid authorities is that a mere acceptance of rent did not by itself constitute an act of the nature as contemplated by Section 113, Transfer of Property Act showing an intention to treat the lease as subsisting. The fact remains that even after accepting the rent tendered, the landlord did file a suit for eviction, and even while prosecuting the suit accepted rent which was being paid to him by the tenant it cannot, therefore, be said that by accepting rent, he intended to waive the notice to quit and to treat the lease as subsisting. The respondent-landlord was absolutely within its rights to receive the rent. Mere acceptance of rent before the expiry of the notice issued under Section 106 of the TP Act will not amount to waiver of notice. – To constitute waiver under Section 113 of the TP Act mere tender and acceptance of rent are not sufficient, there must be an intention on the part of the landlord to treat the lease as subsisting. In the present case even after accepting the rent tendered, the landlord did file a suit for eviction it cannot therefore be said by accepting rent he intended to waive the notice to quit and to treat the lease as subsisting. (para- 18,20)