1946 Present: Keuneman S. P. J., Wijeyewardene and Jayetileke JJ.

GUNARATNE, Appellant, and THELENIS et al., Respondents.

332-C. R. Galle, 25, 044.

Lessor and lessee-Expiry of term of notarial lease-Right of lessee to pleas the benefit of Rent Restriction Ordinance thereafter-Rent Restriction Ordinance, No. 60 of 1942, 8. 8.

A lessee can plead the benefit of section 8 of the Rent Restriction Ordinance, No. 60 of 1942, where the premises in question were occupied by him under a notarial lease which has terminated by effluxion of time. The terms of the Rent Restriction Ordinance are wide enough to apply to premises leased as well as to premises held on a tenancy from month to month.

THIS was a case referred by Howard C. J., under section 38 of the Courts Ordinance, to a Bench of three Judges.

The reference was as follows: -

?The appellant in this case appeals from a judgement of the Commissioner of Requests, Galle, dismissing his action with costs. The appellant bought his action on an Indenture of Lease dated December 2, 1939, whereby he let to the defendants the premises described in the schedule for a period of four years te