Eastern Hardware Stores V. Fernando

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

EASTERN HARDWARE STORES, Appellant, and
J. S. FERNANDO, Respondent

S. C. 559-D. C. Colombo, 34,849/M

Landlord and tenant-Notice to quit-Waiver-Acceptance of rent " without prejudice "-Effect on pending suit-Rent Restriction Act, s. 13 (1) (a).

Compromise of suit-Mode of proving it-Civil Procedure Code, s. 408. Evidence-Estoppel-Principles applicable.

Acceptance of rent for a period subsequent to notice to quit does not revive a tenancy if the money is taken by the landlord without prejudice to a pending action instituted by him to eject the tenant.

Once an action has been instituted, the Court will not take cognizance of a compromise of it unless it is proved by way of an application made under section 408 of the Civil Procedure Code ; it cannot be proved by way of issues framed at the hearing of the action.

In order to create a valid estoppel there must be not only action by one party on the faith of the declaration or act of the other party but also such action must be to his detriment. Performance, therefore, of what is a legal obligation cannot create an estop

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