1963 Present: T. S. Fernando, J.

M. C. PERERA, Appellant, and  S. E. SENN Respondent

S. C. 169/1961-C. R. Colombo, 77314

Rent Restriction (Amendment] Act, No. 10 of 1961-Section 13, sub-sections (2) and (3)-Retrospective effect thereof on action relating to " excepted premises "-

Rent Restriction Act, No. 29 -of 1P48, s. 2 (5).

           A landlord instituted action on 7th September, 1960, for the ejectment of his tenant from certain premises which were " excepted premises " within the meaning of section 2 (5) of the Rent Restriction Act, No. 29 of 1948. The Rent Restriction (Amendment) Act, No. 10 of 1961, came into operation after the institution of the action but before its trial. One of its results was to take the premises in question outside the category of excepted premises.

   Held, that section 13, sub-sections (2) and (3), of the Rent Restriction (Amendment) Act, No. 10 of 1961, had the retrospective effect of rendering the action and proceedings taken subsequent to the filing thereof null and void.

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

G. T. Samerawickreme, for the defendant-appellant.

S. Sharvananda, for t