1952 Present : Pulle J.

ISMAIL, Appellant, and WETTESINGHE, Respondent

S. C. 171-C. R. Colombo, 25,394

Landlord and tenant-Installation of electricity by tenant-Liability of landlord- "Improvements ".

The installation of electricity by a tenant cannot be regarded as necessary " repairs ", the value of which can be claimed from the landlord.

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

H. W. Jayewardene, for the plaintiff appellant.

H. W. Tambiah, for the defendant respondent.

Cur. adv. vult.

April 24, 1952. PULLE J.-

In this action the landlord sought to eject the tenant on the ground that the latter had carried out unauthorized structural alterations causing damage to the premises. The tenancy agreement was recorded in a writing dated 9th December, 1948, and it took effect from 1st December, 1948. The learned Commissioner came to the finding that the alterations

were made prior to the commencement of the tenancy when the tenant held the premises under one Samuel Nadar, who was himself a tenant under the landlord, and therefore refused to grant a decree of ejectment. There was ample evidence on which the Commissioner c