Gunatilleke Et Al., V. Fernando Et Al.,

1954 Present: Gunasekara J. and Fernando A. J.

S. D. S. GUNATILLEKE et al., Appellants, and J. P. FERNANDO
et al., Respondents

S. C. 201-202-D. C. Colombo, 21,595

Rent Restriction Act, No. 29 of 1948-"Excepted premises "-Significance of dale of assessment of annual value-Distinction between " residential premises" and " business premises "-Sections 2 (4) and (5), 13, 27-Regulations 1 and 2 of Schedule (prior to amendment).

(i) The annual value of certain residential premises situated within the Municipality of Colombo was assessed in November, 1941, at Rs. 2,750. The premises were, therefore, excepted premises within the meaning of Regulation 2 of the Schedule to the Rent Restriction Act. When the premises were let in May, 1949, and at the time of the institution of the present action to eject the overholding tenant, they were used as business premises.

Held, that the tenant was not entitled to claim the protection of the Rent Restriction Act on the plea that the annual value of the premises, regarded as business premises, did not exceed Rs. 6,000. The character of the premises that was material for the purpose of a

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