1951 Present: Basnayake J.

FERNANDO, Appellant, and SAMARAWEERA, Respondent

S. C. 206-C. R. Colombo, 26,034

Landlord and tenant-Termination of tenancy by notice to quit-Cheques sent thereafter, but returned after institution of action for ejectment-Is new tenancy created ?- " Waiver of notice to quit "-Effect of deposit left by tenant with landlord- Rent Restriction Act, No. 29 of 1948, section 13.

Plaintiff was the owner of certain premises and defendant was his tenant. As the plaintiff required the premises for the purpose of his own business, in May, 1949, he gave notice of termination of the defendant's tenancy at the end of June, 1949. Defendant did not vacate the premises, and notwithstanding the termination of his tenancy continued to send by post each month a cheque for the amount of the rent and also to pay the rates in accordance with previous practice. The plaintiff retained the cheques but did not cash them. Proceedings in ejectment were, however, not instituted till March, 1950. A day after the institution of the action under the Rent Restriction Act the cheques were returned to the defendant by the plaintiff's proctor