1964 Present: Basnayake, C.J., Abeyesundere, J.,
and Sirimane, J.

V. C. MAMMOO and 2 others, Appellants, and
M. P. K. MENON, Respondent

S. C. 65/61- C. R. Colombo, 76475

Landlord and tenant-Monthly tenancy-Action for recovery of arrears of rent only- Subsequent action for ejectment-Maintainability-Notice to quit-Effect of subsequent waiver, tacit or otherwise-Res judicata-Civil Procedure Code, ss. 33, 34, 207.

     (i) A landlord who, before the notice to quit sent by him to his monthly tenant has taken effect, sues the tenant for recovery of arrears of rent only, but not for ejectment, is entitled to bring a separate action in ejectment after the same notice to quit has taken effect.

    Plaintiffs had let certain premises to the defendant on a monthly tenancy. On 2nd April 1960 notice of termination of the tenancy was given requiring the defendant to deliver possession of the house by 31st May 1960. Before the expiry of the notice, however, namely on 26th May 1960, action No. 50064 was instituted in the District Court for recovery of all arrears of rent due up to that date. Consent decree was entered in that action on 2nd Febru