1944 Present: Keuneman, Cannon and Jayetileke JJ.

MAROOF, Appellant, and LEAFF, Respondent.

171-C. R. Colombo, 94,683,

Rent Restriction Ordinance-No new jurisdiction created-Right of appeal from Court of Requests-Ordinance No. 60 of 1942, s. 8 proviso (a) to (d).

No new jurisdiction is conferred on the Court of Requests in respect of the cases (a) to ,(d) contained in the proviso to section 8 of the Rent Restriction Ordinance and the right of appeal from a judgment or final order of the Court remains unaffected.

There is nothing in the section which makes a preliminary inquiry into the matters contained in the proviso imperative or prevents the Court from allowing those matters to be proved at the trial. Even if a new jurisdiction is created by section 8 of the Rent Restriction Ordinance that jurisdiction is conferred upon the Court of Requests and the District Court and the right of appeal from those Courts is not taken away.

CASE referred by Wijeyewardene J. to a Bench of three Judges. The question referred was whether the right of appeal from a judgment or final order of the Court of Requests in an action in ejectment instituted under