1956 Present : K. D. de Silva, J.

D. B. S. PERERA, Appellant, and D. D. LIYANAGAMA
et al., Respondents

S. C. 121-C. R. Colombo, 59,331

Landlord and tenant-Partnership-Can it be a tenant ?-Trespasser who claims to be tenant-Suit against him by landlord-Jurisdiction of Court of requests to hear case.

If a landlord is aware, before he lets his premises to a tenant, that a partnership business is to be carried on in the premises by the tenant and certain other persons, no contract of tenancy arises between the landlord and the partners unless it is agreed between the landlord and the partners that tee latter are to be the tenants. Although the partners in their individual capacity can enter into a contract of tenancy, a partnership as such cannot do so.

Where an owner of premises sues a trespasser for ejectment and damages and the defendant, without disputing the plaintiff's title to the property, contends that he is the lawful tenant of the plaintiff, the jurisdiction of the Court to try the case does not depend on the value of the premises.

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

Vernon Wijetunge, with D. R. P. Goonet