Lessor v. Lessee: Waiver of Eviction Rights through Acceptance of Undertaking

A lessor sued a lessee for the eviction and payment of damages due to the lessee's failure to observe a lease clause prohibiting sub-letting or transfer of the lease without the lessor's written authorization, despite the lessee having given an undertaking to the lessor promising to cease any unauthorized sub-lease and to comply with the terms. The court affirmed the lower court's decision rejecting the lessor's claims because the initial sub-lease agreement had been terminated, and the subsequent undertaking by the lessee, which was accepted by the lessor, demonstrated a tacit waiver of the right to seek eviction based on the prior breach, showing the lessor had accepted the situation as regularized.