Abdul Hafeel V. Muttu Barhool

1957 Present: Basnayake, C.J., and Pulle, J.

ABDUL HAFEEL, and another Appellant, and MUTTU
BATHOOL, Respondent

S. C. 582-D. C. Galle, 5,228/L

Landlord and tenant-Monthly tenancy-Death of tenant-Effect on contract of tenancy-Rent Restriction Act, s. 18.

On the death of a monthly tenant the contract of tenancy terminates at the end of the month in which the tenant dies, and the heirs or executors of the deceased tenant are not entitled to occupy the premises thereafter except upon a fresh contract with the landlord or unless they can avail themselves of section 18 of the Rent Restriction Act.

APPEAL from a judgment of the District Court, Galle.

H. V. Perera, Q.C., with E. R. S. R. Coomaraswamy, for Plaintiff-Appellants.

H. W. Jayewardene, Q.C., with M. Markhani, for Defendant-Respondent.

Cur. adv. vult.

April 11, 1957. BASNAYAKE, C.J.-

In this action the plaintiffs who claim to be the co-owners of premises No. 124 in Main Street, Galle, each being entitled to an undivided half share ask for a decree in ejectment and damages against the defendant who is the widow and executrix of the estate of one A. M. A. Cader.

It would

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