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GUNAPALA v. MOHIDEEN


Gunapala V. Mohideen

1944 Present: Soertsz J.

GUNAPALA,
Appellant, and MOHIDEEN, Respondent.

87-C. R. Colombo, 93,806.

Rent restriction-Right of appeal-Court of Requests-Matters arising under section 8-Not a final order-Ordinance No. 60 of 1042, s. 8, provisos (a) to (d).

No appeal lies from an order of the Commissioner of Requests in any of the matters arising for decision 'under provisos (a) to (d) in section 8 of the Rent Restriction Ordinance.

APPEAL from a judgment of the Commissioner. of Requests, Colombo.

S. E. J. Fernando, for appellant.

M. I. M. Haniffa (with him V. Arulanbalam), for respondent.

Cur. adv. vult.

August 1, 1944. SOERTSZ J.-

A preliminary objection has been taken to the hearing of this appeal on the ground that there is no right of appeal from such an order as was made in this case in the court below, the Court of requests of Colombo.

It is well established by judicial interpretation that an action in ejectment on a contract of tenancy from month to month is not an action for debt,- damage,, or demand, but an action involving an interest in land, and that there is a right of appeal from a final judgment, or from an order having the

















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