1935. Present  : Poyser and Koch JJ. and Soertsz A.J.

PERERA v. SILVA.

72-D. C. Colombo, 53,070.

Landlord and tenant-Lien over tenant's property-Enforcement of lien-Judicial process-Damages for wrongful detention.

A landlord's lien over the movable property in the possession of his tenant may be enforced only through judicial process.

A landlord who detained such property without judicial 'process is. liable in damages.

CASE referred by Akbar and Koch JJ. to a Bench of three Judges.

This was an action by a landlord against his tenant for balance of rent due. The defendant denied that any sum was due for rent, and counter-claimed for damages in respect of the alleged wrongful detention of his motor car. The District Judge found that a sum of Rs. 240 was due to the plaintiff for rent. The question referred was whether plaintiff was entitled, in view of the fact that rent was due to him, to detain the defendant's car.

H. V. Perera (with him Kurukulasuriya, Aluwihare, and Mackenzie Pereira), for defendant, appellant.-The landlord had no right to retain the car without first obtaining an order from Court. The landlord's lien over the goods