1955 Present : Weerasooriya, J.

NABISA UMMA, Appellant, and FUARD, Respondent

S. C. 160 with Application 118-C. R. Colombo, 37,612

Landlord and tenant-Decree for ejectment -Subsequent acquisition of title by tenant- Right of tenant to resist execution of decree.

Where a landlord obtains a decree to eject his tenant, it would not be open to the tenant to resist the execution of the decree on the ground that he subsequently acquired title to a portion of the leased premises from a person other than the landlord.

APPEAL, with application in revision, from a judgment of the Court of Requests, Colombo.

A. C. Nadarajah, for the defendant appellant.

F. R. Dias, for the plaintiff respondent.

November 23, 1955. WEERASOORIYA, J.-

In this case a decree was entered of consent on the 6th of October, 1952, in terms of which the defendant became liable to be ejected from the leased premises on any date after the 31st of December, 1954. Before, however, writ was taken out by the plaintiff, the defendant on the 26th October, 1954, moved the Court " not to entertain any application for ejectment without notice to the defendant". This application was