1954 Present: Fernando A.J.

W. L. A. DEP et al., Petitioners, and P. NAGARATNAM,
Respondent

S. C. 249-Application in Revision in
C. R. Colombo, 32,445

Jurisdiction-Court acting beyond its powers-Consent of parties-Validity of compromise-Sent Restriction Act, No. 29 of 1948, s. 13.

Although parties cannot by agreement give the Courts jurisdiction which the Legislature has enacted that they are not to have, nevertheless a compromise after action which is advantageous to a party and secured to him by a decree subsequently entered of consent is not void as offending the prohibition against waiver. A sub-tenant, therefore, who, after a decree has been entered against the tenant, consents to be bound by it upon conditions advantageous to himself and embodied in the decree by adjustment, cannot subsequently resist enforcement of the decree on the ground that it is invalid for lack of juris, diction. The sub-tenant, in such a case, forfeits by waiver the protection of section 13 of the Rent Restriction Act.

APPLICATION to revise an order of the Court of Requests, Colombo.

L. C. Weeramantry, for the 2nd, 3rd and 4th defendants petitioners.

P. So