Law of abandonment is based upon the maxim ‘invito beneficium non datur’. It means, law confers upon a man no rights or benefits which he does not desire. In P. Dasa Muni Reddy v. P. Appa Rao, (1974) 2 SCC 725 this Court held, “abandonment of right is much more than mere waiver, acquiescence or laches… waiver is an intentional relinquishment of a known right or advantage, benefit, claim or privilege.” Court, in paragraph 13, put the law pithily:

“There can be no waiver of a non-existent right. Similarly, one cannot waive that which is not one’s as a right at time of waiver.”

– Hon’ble Justice V. Ramasubramanian, Godrej & Boyce Manufacturing Company Limited v. Municipal Corporation of Greater Mumbai, [Civil Appeal No. 9021 of 2014].