Perera V. Perera Et Al.

Present : Mr. Justice Wood Renton.

PERERA v. PERERA et al.

C. R., Pasyala, 3,292

Lease - Clause of forfeiture- Enforcement -Belief-English Law Roman-Dutch Law-

    A clause of forfeiture in a lease for non-payment of rent is only intended as security for the due payment of the rent; and both under the English Law and under the Roman-Dutch Law a lessee is entitled to relief against such forfeiture, even where the lessor has regained peaceable possession without the assistance of any Court of Law.

    A clause of forfeiture cannot be enforced, except by appropriate judicial proceedings, in the course of which it would be competent for the lessee to set up, as against his lessor or any one claiming under him, all equitable rights to compensation.

    APPEAL  from a judgment of the Commissioner of requests (Peter de Saram, Esq.).

    The facts and arguments are fully stated in the judgment.

    Bawa, for the plaintiff, appellant

    Van Langenberg, for the defendants, respondents.

Cur. adv. vult.

    8th July, 1907.WOOD RENTON J.-

    In my opinion, this appeal must fail. The plaintiff-appellant sued the defendant-respondents to re

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