Heenatigala, W. V. Bird, L.G.

1954 Present: Pulle J. and Swan J.

W. HEENATIGALA, Appellant, and L. G. BIRD, Respondent

S. C. 377-D. C. Colombo, 6,531L
 

Rent Restriction Act, No. 29 of 1948-Section 13-Letting of co-owned premises- Partition sale thereafter-Effect of such sale on the tenancy agreement.

Per PULLE J.-Where premises which are owned in common are let under a contract of tenancy and, subsequently, one of the co-owners purchases the premises at a partition sale, the certificate of sale has the effect of terminating the relationship of landlord and tenant and of constituting the purchaser an independent title holder to whom the restriction contained in section 13 of the Rent Restriction Act cannot apply. The certificate confers a title which is not subject to the tenancy agreement.

APPEAL from a judgment of the District Court, Colombo.

Sir Lalita Rajapakse, Q. C'., with Kingsley Herat and H. R. Gunawardene, for the plaintiff appellant.-The purchaser, even if he he a co-owner and the former landlord, gets a new title, which is created by the partition decree which is a decree in rem-Bernard v. Fernando1[(1913) 16 N. L. R. 438.], Seedin v. Thedia 2

Click Here to Read the rest of this document