1956 Present: T. S. Fernando, J.

K. N. MEERA, Appellant, and C. D. P. W. JAYA
WARDENE, Respondent

S. C. 243-C. R. Colombo, 54,839

Landlord and tenant-Advance rent received by landlord-Right of tenant to set off unpaid rent-" Receipt" of -money-Rent Restriction Act, No. 29 of 1948. ss 8,. 13 (1).

Where & landlord accepts from his tenant a sum of money in advance to be accounted as and for rent, the tenant is entitled to set off unpaid rent against the sum so held by the landlord.

David Appuhamy v. Subramaniam (1953) 55 N. L. R. 397, distinguished.

A settlement in account may be equivalent to a receipt of a sum of money,. although no money may pass.

APPEAL from a judgment of the Court of Requests, Colombo.

C. Ranganatitan, with S. C. Crossette-Thambiah, for the defendant-appellant.

H. W. Jayewardene, Q. C., with D. B. F. Goonetilleke, for the plaintiff-respondent.

Cur. adv. vult

September 25, 1956. T. S. FERNANDO, J.-.

The facts giving rise to this appeal may be stated as follows

The plaintiff and her husband (since deceased) leased to the defendant the premises, the subject of this action, for a period of five years commencing from