Selvanayakam Kangany V. Henderson

1946  Present: Jayetileke J

SELVANAYAKAM KANGANY, Appellant, and HENDERSON,

A. G. A., KEGALLA, Respondent.

941-M. C. Kegalla,  12,301.

Criminal trespass-Meaning of ?occupation? in section 427 of Penal Code- Occupation may be by oneself or through agent-Difference between occupation by tenant and occupation by servant after expiry of notice to quit-Intention to annoy-Penal Code, ss. 427, 438.

The Superintendent of a tea and rubber estate gave due notice to the accused, who was a laborer occupying two line-rooms of the estate, that his services would no longer be required and that lie should vacate the rooms. The accused refused to vacate the rooms and was, thereupon, charged under section 433 of the Penal Carlo with having committed criminal trespass by unlawfully remaining in the two rooms ?with intent to annoy the Superintendent.

It was established that the Superintendent was in paramount occupation not only of the estate but also of the line rooms and that lie had the right to allot any rooms in the lines to the laborers and to change the rooms occupied by the laborers as he wished.

The accused?s defence was that he was

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