1951 Present: Gratiaen J.

RANASINGHE, Appellant, and FERNANDO, Respondent

S. C. 172-C. R. Colombo, 29,691

Rent Restriction Act, No. 29 of 1948-Section 5 (2) (c)-Construction--Arrears of rent-Computation.

No order of a Rent Control Board or of a Board of Review constituted under the provisions of the Rent Restriction Act, No. 29 of 1948, fixing the rental for any premises at a sum different from the rental previously fixed by agreement between the parties can operate retrospectively.

APPEAL from a judgment of the Court of Requests, Colombo.

H. W. Tambiah, for the defendant appellant.

C. E. Jayewardene, for the plaintiff respondent.

Cur. adv. vult.

November 21, 1951. GRATIAEN J.-

This appeal relates to an action against a tenant for the recovery of alleged arrears of rent and also for ejectment from certain premises to which the provisions of the Rent Restriction Act, No. 29 of 1948, are admittedly applicable.

The plaintiff let a portion of a building in Hulftsdorp to the defendant with effect from April 1, 1945, at an agreed monthly rental of Rs. 25. It is not suggested that this sum exceeds the authorised rent for the premises w