1956 Present : Gratiaen, J., and Gunasekara, J.

MRS. J. BRITTO, Appellant, and W. HEENATIGALA,
Respondent.

S. C. 432-D. C. Colombo, 6,532

Rent Restriction Act, No. 29 of 1948-Sections 13 and 27-Letting of co-owned premises- Partition sale thereafter-Does not terminate statutory tenancy-Partition. Ordinance (Cap. 56), ss. 4,8.

The statutory protection of a tenant under the Rent Restriction Act is not automatically extinguished if the leased premises are purchased (either by a co-owner or by a third party) in terms of a decree for sale under the Partition Ordinance.

APPEAL from a judgment of the District Court, Colombo.

H. W. Jayewardene, Q.C., with W. P. N. de Silva, for the defendant appellant.

Sir Lalita Rajapakse, Q.C., with C. G. Weeramantry, for the plaintiff respondent.

Cur. adv. vult.

328

February 27, 1956. GRATIAEN, J.-

The question for our decision on this appeal is whether the statutory protection of a tenant under the Rent Restriction Act No. 29 of 1948 is automatically extinguished if the leased premises are purchased (either by a co-owner or by a third party) in terms of a decree for sale under the Partition Ordinance