1956 Present: H. N. G. Fernando, J.

O. L. M. MACKEEN,

Appellant, and M. V. M. SALLIEH.
Respondent

S. C. 80-C. R. Colombo, 58,773

Reset Restriction Act, No. 29 of 1948-Section 13-" Arrear of rent "Informal written agreement between landlord and tenant-Deposit of sum to cover last two months' rental-Should it be set off against any unpaid rent ?-Prevention of Frauds Ordinance.

A tenant would be in arrear of rent within the meaning of section 13 of the Rent Restriction Act even if a small portion only of the rent due remains unpaid.

An informal written contract of monthly tenancy contained a recital that the tenant had deposited a certain sum of money to be taken as rent for the last two months "on the determination of the tenancy by consent or by process of law".

Held, that the landlord was not bound, even without a request of the tenant in that behalf, to apply the deposited sum in satisfaction of unpaid rent for any two month-s. It could not be contended that the provision in the agreement regarding the deposit of two months' rent was unlawful as being in breach of tile Prevention of Frauds Ordinance in that it purported to Stave the eff