1954 Present: Sansoni J.

V. VISVALINGAM, Appellant, and D. DE S. GAJAWEERA,
Respondent

 S. C. 180-C. R. Colombo, 41,956

Landlord and tenant-Merger of titles-Effect-Right of tenant to dispute landlord's title-Meaning of " landlord " in rent restriction law-Rent Restriction Act, No. 29 of 1948, ss. 13 {1) (a), 26, 27.

Plaintiff-appellant had let certain premises to the defendant-respondent on a non-notarial document. Admittedly he was not the owner of the premises. He brought the present action to have the defendant ejected on the ground that rent was in arrears. Defendant pleaded that he had purchased from the owners a portion of the premises and taken on lease the remainder and that, consequently, the capacities of landlord and tenant had become merged in him.

Held, that even assuming that the defendant had become owner of the entire premises, it was not open to him to refuse to surrender possession to his landlord. He must first give up possession, and then it would be open to him to litigate about the ownership.

Meaning of expression '" landlord" in sections 26 and 27 of the Rent Restriction Act considered.

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