1957 Present: H. N. G. Fernando, J.

D. SUPPIAH, Appellant, and K. KANDIAH, Respondent

S. C. 265-C. R. Hatton, 8,134

Rent Restriction Act, No. 29 of 1948-Section 13 (a)-" Arrears of rent ".

Where it has been the practice for the landlord to accept rent not in the month for which rent is payable but once in several months, the question whether the tenant is in arrears of rent within the meaning of section 13 (a) of the Rent Restriction Act must be considered in terms of that practice.

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

N. Samarakoon, with J. C. Thurairatnam, for the defendant-appellant.

Siva Rajaratnam, for the plaintiff-respondent.

March 27, 1957. H. N. G. FERNANDO, J.-

The defendant has been the tenant of the plaintiff since 1944 on a monthly tenancy. The only question which arises is whether the defendant was in arrears of rent for the month of January, 1956, by reason of his failure to pay that rent within one month after it became due. According to the plaintiff the rent for January, 1956, became due on the 15th

January. The defence position was that it had been the practice for the plaintiff to accept rents