Wijesiriwardane V. Gunasekera Et Al.,

1917 Present : Wood Renton C.J. and De Sampayo J.

WIJESIRIWARDENE v. GUNASEKERA et al.

232-D. C. Galle, 14,442.

    Enormis laesio-Lease-Loss of profit due to war.

The principle of enormis Ieasio is applicable to a lease as much as to a sale, but for this purpose the difference in value should exist at the time of the lease or sale, and not thereafter. Apart from enormis Ieasio, a lessee may claim relief on the ground that on account of such a cause as war he has not had beneficial enjoyment of the property, but that must be due to some direct military operation or military orders.

THE facts appear from the judgment.

J. S. Jayawardene, for plaintiff, appellant.-The judgment of the learned District Judge cannot be supported on legal grounds. The doctrine of enormis lasio is inapplicable to the case. The

difference in value is not shown to have existed at the date of the lease. A drop in price does not entitle one to claim the benefit of the principle of enormis Iaesio. A lessee is entitled to relief only when he has not had the enjoyment of the leased premises at all.

Counsel cited Walter Pereira's Laws of Ceylon 657

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