126-NLR-NLR-V-66-K.-A.-A.-EDWARD-Appellant-and-H.-DHARMASENA-Respondent.pdf
SRT SKANDA RAJAH, J.—Edward v. Dkarmasena
5 25
1964Present: Sri Skanda Rajah, J.K.A. A. EDWARD, Appellant, and H. DHARMASENA,
Respondent
S. G. 258 of 1963—D. C. Kandy, 7024/L
Landlord and tenant—Calendar month's notice to quit—Computation—Rent Restriction
Act.
Where there is a contract of monthly tenancy, a calendar month’s noticegiven and received by the tenant before the date on which the monthly tenancycommences, requiring him to quit on or before the last day of the followingmonth on which the monthly tenancy ends, is sufficient notice.
Abeywicfcrema v. Karunaratne (63 C. L. W. 23) not followed.
./VpPEAL from a judgment of the Court of Requests, Colombo.
C. R. Gunaratne, for the Defendant-Appellant.
Vernon JonJclaas, for the Plaintiff-Respondent.
December 2, 1964. Sri Skanda Rajah, J.—
In this case the tenancy commenced on the first of a month and noticewas received by the tenant on the 30th August, 1962, to quit “ on orbefore the 30th November, 1962 ”. Under the law applicable at thattime to premises to which the Rent Control Act applied three months’notice had to be given.
Reliance is placed by the appellant on my judgment in Abeywichremav. Karunaratne 1 in which I had held that a notice given on the 13th dayof October, 1959, to take delivery of possession of the premises on the30th November, 1959, was not sufficient notice as the tenancy began onthe 1st day of the month, and, therefore, the landlord would have beenentitled to take delivery only on the 1st day of December, 1959. I hadthere taken too restricted a view of the law.
I would interpret the notice in the present case to mean that the tenantcould quit “ at the end of 30th November, 1962 ” : it was open to him toquit even before the 30th November, 1962, but he had the right in law tostay on till the midnight of the 30th. I would hold that the notice inthis case is sufficient notice. The law in our view is that a calendarmonth’s notice is sufficient notice in a month to month tenancy : acalendar month’s notice given and received by the tenant before the dateon which the monthly tenancy commences, to quit on the last day of thefollowing month on which the monthly tenancy ends is sufficient notice*
therefore, dismiss the appeal with costs.
Manicavasagar, J.—I agree.
Appeal dismissed.
1 (1962) 63 C. L. W. 23.