1950 Present: Jayetileke C.J. and Swan J.

DIAS, Appellant, and PERIES, Respondent

S. C. 537-D. C. Mannar, 10,457

Rent Restriction Act, No. 89 of 1948-Sections 1 and 8--Prohibition of excessive advance of rent-Scope of such prohibition.

Rent Restriction Ordinance, No. 60 of 1942-Authorised rent-Section 3-Meaning of " any period ".

(i) The provision in section 8 of the Rent Restriction Act, No. 29 of 1948, that a landlord cannot retain in his hands, as an advance of rent, any amount exceeding the authorised rent for a period of three months is not applicable to an advance of rent received under a contract of tenancy entered into prior to the date of commencement of the operation of the Act, viz., January 1, 1949.

(ii) Where an indenture of lease, which was entered into a few months before the Rent Restriction Ordinance, No. 6Q of 1942, came into operation, provided that the yearly rental should be paid in monthly instalments-

Held, that the provisions of section 3 would be applicable in respect of the period of the lease subsequent to the date when the Ordinance came into operation and the lessor, therefore, was not entitled to recover any re