1953 Present: Weerasooriya J.

VADIVEL CHETTY, Appellant, and ABDU, Respondent

 S. C. 254-C. R. Colombo, 37,171
 

Landlord and tenant-Enhancement of rent-Not effective until there is agreement- Refusal of landlord to accept rent due-Resulting position-Rent Restriction Act, No. 29 of 1948, s. 13 (1) (a).

Where a tender of payment of the rent due was made by the tenant and was refused by the landlord on the ground that, as the monthly rent had been enhanced by him, a larger amount was due-

Held : (i) A landlord's unilateral act in demanding payment of a higher rent than that agreed upon does not render the tenant liable to pay the higher rent demanded.

(ii) Where a landlord refuses to accept the rent due when it is tendered to him, and has by his conduct made it clear that he will not, in the future, accept rent at the rate agreed upon, the tenant is not obliged to tender the rents for the subsequent months as and when they fall due. The tenant must, however, pay all the unpaid rent within a reasonable time if the landlord subsequently demands it or signifies his readiness to accept it.

(iii) Where the tenant has been given reasonable