1913 Present: Pereira J. and De Sampayo A.J.

SILVA v. SILVA.

106 and 107-D. C. Galle, 10,729.

Lease-Sale by lessor-Vendee succeeds to all the rights of lessor without assignment.

Where a land is sold by a person who has already leased it, the vendee succeeds to all the rights of the vendor on the lease without a special assignment of it by the latter to the former.

PEREIRA J.-Quaere, Is the tenant bound to remain the tenant of the new landlord, or may he exercise the option of claiming a cancellation of the lease ?

THE facts appear from the judgment.

H. A. Jayewardene (with him Arulanandam), for the defendant.- The plaintiff did not get an assignment of the lease from the two co-owners, from whom he bought their interests in the land. The sale itself did not give the plaintiff the right to recover damages from the defendant for his breach of a covenant in the lease. Counsel cited Wijeratne v. Hendrick.1[(1895) 3 N. L. R. 158.]

A. St. V. Jayewardene for the plaintiff.-An assignment of the rights of the lessors is not necessary to enable the plaintiff to sue the lessee for damages. Counsel cited Allis v. Sigera;2[(1897) 3 N. L. R. 5.] Wil