Adamjee Lukmanjee & Sons,Ltd V. Ponniah Pillai

1959 Present: Basnayake, C.J.

ADAMJEE LUKMANJEE & SONS, LTD., Appellant, and A. PONNIAH
PILLAI, Respondent

S. C. 73-C. R. Colombo, 66,760

    Landlord and tenant-Monthly tenancy-Date when rent must be paid-Rent Restriction Act, No. 29 of 1948-Section 13 (a)-Arrears of rent-Practice of landlord to accept late payments of rent-Effect on right of landlord to eject tenant-Prevention of Frauds Ordinance, s. 2.

In the case of a monthly tenancy the rent must be paid monthly either at the beginning of the month, when there is a stipulation to that effect, or at the end of it, when there is no stipulation that the rent should be paid in advance.
For the purpose of section 13 (1) (a) of the Rent Restriction Act, No. 29 of 1948, a tenant would be liable to be ejected if the rent is in arrear for one month after the due date, although it has been the practice for the landlord to accept the rent once in several months.

Suppiah v. Kandiah (1957) 58 N. L. R. 479, not followed.

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

H. W. Jayewardene, Q.C., with B. S. C Ratwatte, for Plaintiff- Appellant.

Clarence de Silva,

Click Here to Read the rest of this document