SILVA et al. v. DASSANAYAKE.

SILVA et al. v. DASSANAYAKE.

D. C, Kalutara, 1,757.

 

Landlord and tenant-Non-payment of rent on due date-Right of landlord, to re-enter-Right of tenant to restoration of possession-Trial of case without oral evidence-Decision on pleadings.

Bonser, C.J.-According to the Roman-Dutch Law it is not contrary to public policy for A to contract with B that, if A does not pay rent to B duly for possession of his house, the lease should be determined.

But for non-payment of rent the lessor has no right to re-enter without an order of Court. If the lessor re-enters, the lessee is entitled to be restored to possession and to recover damages for unlawful dispossession.

Withers, J.--If a tenant desires to keep his premises, he must observe his obligations. If he fails to pay rent as and when he bargained to do so, and has consented to let the landlord resume possession, ho cannot ask the Court to prevent the landlord from holding possession.

When a landlord comes to court to exact the payment of rent with interest and to demand the expulsion of the tenant as well, in terms of a stipulation to that effect in the contract, I am not sure

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