1961 Present: H. N. G. Fernando, J.

J. K. WARAWITA APPUHAMY, Appellant, and
 U. L. P. PERERA, Respondent

S. C. 159/1959-C. R. Colombo, 72222

Landlord and tenant-Acceptance of late payments of rent-Effect on landlord's right to terminate tenancy.

      The written agreement for a month to month tenancy provided that the rent should be payable on or before the tenth of each month. Rent had been paid and accepted from July 1946 for a period up to and including July 1958. The rent for the month of August 1958 had not been paid by 16th October 1958, on which date the landlord issued a notice terminating the tenancy on the ground of non-payment of the August rent.

      At the trial it was proved by the tenant that during the entire period between. January 1957 and August 1958 the landlord accepted a particular month's rent, as a matter of regular practice, when it was tendered to him at some time during the second half of the subsequent month.

      Held, that the landlord was entitled to terminate the tenancy on October 16, 1958, which was sixteen days after the termination of the period during which-he had previously ignored delay.