Present  : De Sampayo J. 1920.

FONSEKA v. NAIYAN ALI.

142-C. R. Colombo, 72,312.

Landlord and tenant-Notice to quit-Action in ejectment and arrears of rent-Damages-Receiving rent for period subsequent to date of action-Waiver of notice-Failure of cause of action.

Where a landlord gave notice to a tenant to quit on December 31 and instituted an action for ejectment and arrears of rent on January 9, but subsequently received rent for January and February without any reservation,-

Held, that the notice must be taken to have been waived, and that the tenancy continued.

THE facts appear from the judgment.

Nagalingam, for appellant.

De Zoysa, for respondent.

September 3, 1920. DE SAMPAYO J.-

This appeal involves an interesting point of law. The plaintiff had hired his house to the defendant at a rental of Rs. 90 per mensem payable on or before the 10th of each month. On November 30, 1919, he gave notice to the defendant requesting him to quite on or before December 31, 1919.

He brought his action to eject the defendant for non-compliance with the notice, and to recover rent for December, and damages at the rate of Rs. 90 per mensem fro