1926 Present: Garvin and Lyall Grant J J.

 NUGAPITIYA v. JOSEPH.

352?D. C. Kegalla, 7,167.

Jus retentionis-Improvement of land on informal agreement-Knowledge and consent of owner-Right to compensation.

Where a person effected an improvement on land with the knowledge and consent of the owner and upon the latter's representation that he would be allowed to possess it as long as he wished, upon the payment of a specified ground rent.-

Held, that he was entitled to retain possession of the land until he was compensated.

BY an agreement dated July 3, 1912, which was not notarially attested, H. A. Molligoda purported to grant to the defendant a certain allotment of land for him " to build a tiled boutique thereon '' subject to the condition that upon the payment of a ground rent of Rs. 5 per mensem the defendant was at liberty to stay in the boutique for any length of time. The defendant entered upon the land and built a house in compliance with the terms of the agreement. On October 20, 1919, Molligoda sold the premises to the plaintiff, who brought the present action to eject the defendant. In his answer, the defendant claimed compensati