1944 Present: Soertsz and de Kretser JJ.

SIRIPINA, Appellant, and EKANAIKA, Respondent.

6-D. C. Kandy, 1,060:

Writ of possession-Decree for possession by lessor against lessee-Application for unit of possession against sub-lessee-Civil Procedure Code, s. 835.

Where a lessor has obtained a decree for possession against a lessee he is not entitled to invoke the provisions of sections 825 and 826 of the Civil Procedure Code against a sub-lessee holding with the consent of the lessor or his representative.

APPEAL from a judgment of the District Judge of Kandy.

E. B. Wikremanayake (with him H. W. Jayawardene), for defendant, appellant.

N. E. Weerasooria, K.C. (with him S. R. Wijayatilake), for plaintiff, respondent.

Cur. adv. vult.

August 9, 1944. DE KRETSER J.-

The plaintiff, claiming to be the duly appointed trustee of the Hudumpola Vihare, sued Siripina alias Ceciliahamy alleging that she was the executrix de son tort of the estate of one Kira to whom a previous trustee had leased certain premises upon Indenture No. 830 dated June 4, 1935, for a period of 10 years commencing from January 1, 1935. Neither the lease nor a copy of it w