1922  Present: Bertram C.J. and Porter J.

MARALIYA v. FERNANDO.

 429-D. C. Ratnapura, 3,538.

Lease of ground share of plumbago lands-Is delivery of possession necessary .'-Vacant possession-Is there a difference between lease and sale-Lease of a chose in action-Lease of rents of tenements-Lease of taxes and tolls-Actio conducti-When damages may be recovered from lessor for not delivering possession- Remission of rent or damages.

A lessor must give possession of the tiling let to the lessee. IN the case of a lease of a chose in action, the requirement as to delivery of possession is fulfilled by the execution of the assignment; for example, in the case of the lease of the rents of a line of tenements, a formal attornment from each tenant to the lessee is not necessary.

But in addition to the right to be put into possession the lessee is also entitled to "quiet enjoyment." Consequently the actio conducti lies when the lessee is not permitted to enjoy the thing leased. This action lies whether the obstruction to the enjoyment of the property is due to any act of the lessor or to the act of a third party, and notwithstanding the fact that