David Appuhamy, E. V. Subramaniam, K.

1953 Present: Pulle J.

E. DAVID APPUHAMY, Appellant, and K. SUBRAMANIAM,
Respondent

S. C. 46-C. R. Gampaha, 5,446
 

Rent Restriction Act-Deposit held by landlord-Right of tenant to set off monthly rent against the deposit.

Where a monthly tenant deposits a sum of money with the landlord on the agreement that it is to be held by the landlord and paid back to the tenant when the premises are handed over to him, it is not open to the tenant to set off the rent, as it falls due each month, against the deposit held by the landlord. If he does so set off, he is liable to be held to be in arrears of rent.

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

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

Frederick W. Obeyesekere, with Felix Dias, for the defendant respondent.

Cur. adv. vult.

November 23, 1953. PULLE J.-

The appellant in this case is the landlord who sought to eject his tenant on the ground that he required the premises for the purposes of his trade and business and on the further ground that the tenant was in arrears of rent. The landlord failed before the Commissioner on both

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