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Present: Schneider J.
KANDIAH et ol v. VELUPILLAI.
58—C. S. Point Pedro, 20.
Small Tenements Ordinance—Period within which appeal should belodged—Reckoning of five days—Exclusion of dates—OrdinanceNo. 11 0/1882, s. 8.
In reckoning the period of five days within which an appealshould be preferred from a judgment under the Small TenementsOrdinance, the appellant is not entitled to exclude both the dateof the judgment and the day on which the appeal is filed.
PPEAL from a judgment of the Commissioner of Bequests,Point Pedro.
H. F. Perera> for defendant, appellant.
8cho1cman> for plaintiff, respondents.
June 19, 1925. Schneider J.—
This is an action under the provisions of the Small TenementsOrdinance of 1882. The Commissioner gave judgment in favourof the landlords, and this appeal was filed by the defendant, tenant.The final order in the case was made on February 2, 1925. Thepetition of appeal was presented to the lower Court on February 9.On appeal a preliminary objection is raised by the landlords,respondents, on the ground that the appeal was not filed within thetime prescribed by the Ordinance. Section 8 of the Ordinancedirects that all appeals “ shall be filed within five days (exclusiveof Sundays and holidays) of the order or judgment complained of,and be governed in all other respects by the same rules as areapplicable to appeals from judgments of the Courts of Bequests.”The contention on behalf of the respondents is that the appealshould have been filed on February 7 to bring it within the fivedays prescribed by the Ordinance. That contention appears tobe right, because the 9th would not be within five days even if the8th, which being a Sunday, be excluded, but Mr. H. V. Perera onbehalf of the appellant argued that his appeal is saved by the words“ and be governed in all other respects by the same rules as areapplicable to appeals from judgments of the Courts of Bequests.'1He drew attention to section 754 of the Civil Procedure Codewhich expressly provides that in reckoning the period of seven daysfor appeals from Courts of Bequests, Sundays and public holidays
should be excluded, and also the day on which the decree or orderappealed against was pronounced; as well as the day when thepetition is presented. He contended that the effect of these twoenactments was to establish a further exclusion in reckoning thefive days prescribed by the Ordinance.
I am unable to agree with this contention. The language of theOrdinance seems to me to be quite clear as to what should beexcluded and within what number of days the appeal should befiled. I therefore uphold the preliminary contention, and dismissthe appeal with costs.
KANDIAH et al v. VELUPILLAI