1914 Present: Wood Renton A. C. J. and De Sampayo A. J.

ROSAIRO v. ABRAHAM.

236-D. C. Puttalam, 2, 428.

Married woman-Rents of immovable property-Separate property.

Bent of immovable property to which a married woman is entitled is her separate property, and she is entitled to accept payment of any such rent and give a valid receipt for it.

THE facts are set out in the judgment.

G. Koch, for first defendant, appellant. -Payment of rent due by the lessee to one of two joint lessors operates as a complete discharge and the fact that the lessor giving the discharge is the wife of the co-lessor should make no difference. The plaintiff can sue only for his share of the rent due when his joint lessor refuses to join him. (1 N. L. R. 206, 7 N. L. R. 16. )

In any case the payment operates as a discharge of the lessee's liability to the extent of the wife's interests. The learned District Judge is in error in applying section 19 of Ordinance No. 15 of 1876 to the case. Although rent, being money, may be treated as movable property, section 9 empowers the wife to deal with the rents and profits of the immovable property independently of the husband.