1915. Present  : Ennis J. and De Sampayo A.J.

CANTHIAH v. MUTTIAH CHETTY.

110-C. R. Colombo, 42,284.

Evidence Ordinance, s. 92-Lease of houses and grounds-May oral evidence be led to prove that house was leased to be used as a rice store ?-House prohibited to be used as a rice store by authorities-Cancellation of lease-Remission of rent.

Plaintiff brought this action to recover rent due on a notarial lease. The defendant pleaded that prior to the execution of the lease it was agreed between the parties that the plaintiff should effect certain alterations to the premises so as to fit them for a rice store, and lease the same to defendant, and that after the lease was executed, in consequence of certain plague regulations, the defendant was prohibited by the authorities from storing rice in the said premises. There was no provision in the deed to indicate the purpose for which the premises were to be used. The defendant prayed in reconvention that the deed of lease be cancelled, and he be declared entitled to a remission of all rent payable thereunder.

Held, that it was not open to the defendant to lead oral evidence to prove that bo