Suppiah V. Abdulla

Present: Jayewardene A. J.

SUPPIAH v. ABDULLA.

123-C.R. Colombo, 13,882

Case settled out of Court-Right of parties to have settlement entered of record, though one party repudiated it-Civil Procedure Code, s. 408.

The plaintiff sued the defendant for rent and for money advanced. While this action was pending, the defendant prosecuted the plaintiff for criminal trespass in the Police Court. The criminal case was settled, and it was recorded that if the complainant paid the rent due, accused was to withdraw the civil case. On March 6, the case came before the Commissioner, and was fixed for April 7 for settlement or judgment. The plaintiff denied that the case was settled, and defendant asked for an inquiry into the matter. The Commissioner refused to hold an inquiry, on the ground that if one of the parties repudiated the settlement before it was recorded by the Court, the Court could not give effect to it.

Held, that the settlement was binding on the parties.

THE facts are set out in the judgment.

Obeyesekere (with him Mervyn Fonseka), for defendant, appellant.

H. V. Perera, for plaintiff, respondent.

July 3, 1924. Jayewardene A. J.-

This is an action between a landlord and