Bias Bandaranayake V. Perera

1948 Present: Basnayake J.
 
BIAS BANDARANAYAKE, Appellant, and PERERA, Respondent.
 
S. C.160-C. E. Colombo 3,784.

    Landlord and tenant-Notice to quit-Waiver-What constitutes it-Action under Small Tenements Ordinance-Withdrawal-Excess of jurisdiction-Res judicata.
 
Waiver of a notice to quit by a landlord requires some positive act. Failure of proceedings to evict a tenant does not amount to waiver of a notice already given.
 
The withdrawal of proceedings under the Small Tenements Ordinance for the reason that the monthly rental of the premises was in excess of its jurisdiction does not operate as res judicata.
 
APPEAL from a judgment of the Commissioner of Requests, Colombo.
 
H. W. Jayewardene for plaintiff, appellant. N. Kumarasingham for defendant, respondent.

Cur. adv. vult.

March 11, 1948. BASNAYAKE J.--
 
The plaintiff appellant let to the defendant respondent part of premises bearing assessment No. 66, Madera Street, Mutual in Colombo, at a monthly rental of Rs. 25. The present action is for abetment of the defendant respondent from the said premises, for arrears of rent and for damages at Rs. 25 per menses from July 1

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