Wickremasinghe V. Abdul Raheem

1954 Present: de Silva J. and Sansoni J.

H. L. WICKREMASINGHE, Appellant, and S. A. M. ABDUL RAHEEM,
Respondent

S. C. 241-D. C. Colombo, 29,150M

Rent Restriction Act, No. 29 of 1948-Death of tenant-Continuance of tenancy-. Section 18 (2)-Exclusive jurisdiction of Board of Review.

Where, on the death of a tenant, a person gives notice to the landlord, in terms of section 18 (2) of the Rent Restriction Act, stating that he proposes, in his status as a member of the household of the deceased tenant, to continue in occupation of the leased premises as the tenant thereof, the landlord must, if he objects to the status of such person to give the notice, make an application to the Rent Control Board under section 18 (3), and is not entitled to raise such objection in a court of law in an action to eject the person who claims to be the new tenant.

APPEAL from a judgment of the District Court, Colombo.

E. R. S. R. Coomaraswamy with Daya Perera, for the plaintiff appellant.

No appearance for the defendant respondent.

M. Fernando, Crown Counsel, as amicus curiae, on notice.

Cur. adv. vult

December 20, 1954. DE SILVA J.-

This appeal involves the interpretation of section 18 of the Rent-Restriction Act of 1948 (herein referred to as the Act). This section reads:-

(1) Notwithstanding anything in any other law, but subject to any provision to the contrary in any written contract or agreement, the succeeding provisions of this section shall have effect in the event of the death of the tenant of any residential premises to which this Act applies.

(2) Any person who-

(a) is the surviving spouse or the child, parent brother or sister of the deceased tenant of the premises, or was a dependant of the deceased tenant of the premises immediately prior to his death ; and

(b) was a member of the household of the deceased tenant (whether in those premises or in any other premises) during the whole of the period of three months preceding his death,

shall be entitled to give written notice to the landlord, before the tenth day of the month succeeding that in which the death occurred,, to the effect that he proposes to continue in occupation of the premises as tenant thereof; and upon such written notice being given, such person shall, subject to any order of the Board as hereinafter provided, be deemed for the purposes of this Act to be the tenant of the premises with effect from the first day of such succeeding month, and the provisions of this Act shall apply accordingly.

(3) The landlord of the premises in relation to which any written notice is given under sub-section (2) by any person may make application to the Board for an order declaring that such person shall not be deemed as provided in that sub-section to be the tenant of the premises ; and the Board may make order accordingly if satisfied that such person is not entitled to give the notice for which provision is made by that sub-section.

(4) (Not material)

The plaintiff is the owner of premises bearing assessment No. 371 situated at Dam Street, Colombo, and she let the same on a monthly tenancy at a rental of Rs. 108-50 to one S. A. Seyad Hamid, a Proctor practising in Colombo. Mr. Seyad Hamid who was an Indian died in India on December 24, 1951. Thereafter on 9.1.'52 his brother the defendant gave notice to the plaintiff, in terms of section 18 (2) of the Act, that he proposed to continue in occupation of the premises as tenant thereof. The plaintiff replied to this letter through her Proctor on 12.1.'52 expressing her unwillingness to accept the notice and also denying the right of the defendant to avail himself of the provisions of Section 18 (2). When subsequently the defendant forwarded the rent to the plaintiff she refused to accept it and instituted this action on 10.6.'52 to eject him and to recover damages at the rate of Rs. 108.50 on the ground that he was in wrongful and unlawful occu

Click Here to Read the rest of this document