Amarasekara V. Abeygunawardene

1955 Present: Gratiaen J. and Sansoni J.

D. H. S. AMARASEKARA, Appellant, and
D. S. ABEYGUNAWARDENE, Respondent

S. C. 198-D. C. Colombo, 23,654/M

Prescription-Action instituted in Court of Requests--Claim in reconvention beyond jurisdiction-Transfer to District Court-Date of action in respect of the claim in reconvention-Courts Ordinance (Cap. 6), s. 79-Prescription Ordinance, s. 10.

Rent Restriction Ordinance, No. 60 of 1942-Sections 7 and 14-Premium illegally received by landlord-His right to retain it-Illegal contract.

When the Supreme Court authorises under section 79 of the Courts Ordinance a transfer of proceedings from the Court of Requests to the District Court by-reason of the claim in reconvention being beyond the jurisdiction of the Court of Requests, the action for the recovery of the claim in reconvention in excess of the sum which the Court of Requests has jurisdiction to award does not " commence " within the meaning of the Prescription Ordinance until the transfer of the proceedings to the District Court has been authorised by the Supreme Court; in regard to the issue of prescription, the action must be regarded

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