PERERA v. THALIFF.

C. R., Colombo, 27,620.

Lessor and lessee-Relief against forfeiture for breach of stipulations-Non-payment of taxes by lessee-Refusal by Court to cancel lease on that account, inasmuch as lessee had paid up all arrears.

The Court will grant a lessee relief against a provision in the lease giving the lessor a right to claim a cancellation in the event of a breach of stipulation by the lessee, if the breach thereof did not involve a notably grave and damnifying misuse of the property leased.

The nature of the misuse that ought to be punished by expulsion, or condemnation in damages, or even be passed over on account of its insignificance, is entirely a matter that must be left to the discretion of a careful and circumspect Judge.

Where a lessee had committed breach of a stipulation in the lease by failure to pay certain Municipal taxes on the property leased, but when sued by the lessor for a cancellation of the lease for breach of the stipulation aforesaid brought the full amount of the unpaid taxes into Court, and further proved payment of all subsequent taxes until the end of the term of the lease, the Court refused t