1950 Present : Basnayake J.

YOOSUF et al., Appellants, and SUWARIS, Respondent

S. C. 103-C. R. Kandy, 3,342

Rent Restriction Act, No. 29 of 1948-Section 13-Landlord who is shareholder of a company-Cannot claim premises for purpose of company's business-Landlord's need must be immediate-Order giving unsuccessful tenant time to quit- Propriety of such order.

A shareholder who owns houses is not entitled to make use of the provisions of section 13 of the Rent Restriction Act in order to eject a tenant for the purpose of providing his company with a place of business.

A landlord's need must be immediate and present in order that the court may have jurisdiction to entertain his action to eject a tenant under the Rent Restriction Act.

Obiter : A landlord who succeeds in an action for ejectment is entitled to execute his decree immediately and time can only be given by consent of parties or, in the event of an appeal, where the execution of the writ would cause irreparable damage to the unsuccessful party.

APPEAL from a judgment of the Court of requests, Kandy.

H. V. Perera, K.C., with M. I. Mohamed, for the defendants appellants.

E. B. Wikr