1959 Present: Basnayake, C.J.

ZAHIR, Appellant, and DAVID SILVA, Respondent

S. C. 202-0. R. Matara, 6379

    Landlord and tenant-Monthly tenancy-Notice to quit-Validity-Evidence-c Admissions-Duty of Court to record them with care-Evidenc6 Ordinance,s.58.

(i) In the absence of an agreement to the contrary, the notice of termination of a monthly tenancy must run concurrently with the term of the letting and hiring and must expire at the end of that term.

The tenancy commenced on 12th March 1952. Notice to quit was given on 30th January 1957 requesting the defendant to vacate the premises on or before 1st March 1957.

Held, that, inasmuch as the tenancy commenced not on the 1st day of the month but on the 12th, the notice was bad.

(ii) In view of the provisions of section 58 of the Evidence Ordinance, Judge should record with the utmost care any admissions made by the parties.

H. W. Jayewardene, Q.C., with G. T. Samerawickreme and N. R. 1 Dalutwatte, for Plaintiff Appellant.

D. S. Jayawickreme, Q.C., with R. D. B. Jayasekera, for Defendant Respondent.

Cur. adv. vult

October 28,1959. BASNAYAKE, C.J.-

The only question for decision on th