Ibrahim Saibo, A.M.M. V. Mansoor, S.D.M.

1953 Present : Rose C.J., Gratiaen J., Pulle J., Swan J. and
L. M. D. de Silva J.

A. M. M. IBRAHIM SAIBO, Appellant, and S. D. M. MANSOOR et al., Respondents

S. C. 36-C. R. Colombo, 15,508

Landlord and tenant-Action for ejectment-Decree entered against tenant-Binding effect on sub -tenant-Joinder of sub-tenant as party-Civil Procedure Code, ss. 18, 324 (1), 325, 327-Rent Restriction Act, No. 29 of 1948, s. 13-Right of sub-tenant to claim statutory protection.

A sub-tenant of premises let under a non-notarial contract of monthly tenancy is not liable to be removed by a Fiscal's Officer under a writ of ejectment directed against the tenant alone in execution of a decree entered in proceedings in which the sub-tenant was not made a party although he had commenced his occupation of the premises before the action commenced.

Kudoos Bhai v. Visvalingam (1948) 50 N. L. R. 59, overruled.

In an action for rent and ejectment instituted by a landlord against his tenant, a sub-tenant may be added by Court as a party under the provisions of section 18 of the Civil Procedure Code. But where he was not so added as a party and the

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