Kanagaletchumy Et Al., V. Marikair

1954 Present:  Nagalingam S.P.J. and de Silva J.

K. KANAGALETCHUMY et al., Appellants, and
A.. M. M. MARIKAIR, Respondent

 S . C 256-D. C. Batticaloa 798L

Lease-Non-payment of rent and taxes-Forfeiture.

In the absence of a forfeiture clause or an express condition a lease is not-liable to be cancelled for breach of a covenant to pay rent unless (I) the nonpayment of rent is deliberate and persistent or contumacious, (2) the lessee is in arrear of rent for two years and (3) the lessor gives the lessee notice of terminating the lease if the arrears are not paid.

An undertaking by a lessee to pay taxes in respect of the leased premises is a condition for the breach of which the lessor is entitled to a cancellation of the lease.

 APPEAL from a judgment of the District Court, Batticaloa.

C. Renganathan, for the 1st and 2nd defendants appellants.

S. J. V. Chelvanayakam, Q.C., with E. Jayaweerasingham, for the plaintiff respondent.

Cur. adv. vult.

December 21, 1954. DE SILVA J.-

The two questions which come up for decision in this appeal are (1) In what circumstances is a lessor entitled to a cancellation of a lease for non-

Click Here to Read the rest of this document