Mrs. Hensman V. Mrs. Mary Stephen

1953 Present : Gratiaen J.

MRS. E. D. HENSMAN, Appellant, and MRS. MARY
STEPHEN et al., Respondents

S. C. 198-C.R Colombo,. 34,496
 

Rent Restriction Act, No. 29 of 1948-Death of tenant-Continuance of tenancy- Scope of Section 18.

Where a monthly tenant, who has been given due notice to quit residential premises to which the Rent Restriction Act applies, dies during the pendency of an action for ejectment instituted against him by the landlord, his widow and family are no longer entitled to occupy the premises as against the landlord-Section 18 of the Rent Restriction Act, which provides for continuance of tenancy upon the death of a tenant, has no application where the original contractual tenancy had already been determined according to the common law so that all that the former " tenant " thereafter enjoyed was a statutory protection which was personal to him.

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

H. W. Jayewardene, with D. R. P. Goonetilleke, for the plaintiff appellant.

H. W. Tambiah, for the substituted defendants respondents.

Cur. adv. vult.

October 12, 1953. GRATIAEN J.-

This appeal involves

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