066-NLR-NLR-V-03-MUTTIAH-v.-MARIAN.pdf
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MUTTTAH v. MARIAN.
C. R., Kurunegala, 3,306.
1895.
August SO.
Landlord and tenant—Notice to quit.
A notice given by a landlord to his monthly tenant on the 26thJanuary to quit “ on or before ” the 28th February following is asufficient notice to quit.
rj^HE facts of the case sufficiently appear in the judgment.
20th August, 1895. Browne, A.J.—
Plaintiff’s attorney on 24th January gave defendant notice inplaintiff’s own name to quit “on or before the 28th February,”and in failure instituted proceedings under the Small TenementsOrdinance in his principal’s name, making his own affidavit, com-mencing “ I am the lawful attorney of ” [plaintiff], and afteraverment of plaintiff’s letting and defendant’s tenancy, continuing“ on the 26th January, 1895, I gave notice to the said tenant by“ letter of that date signed by M, my proctor, to quit the tenement“ aforesaid on or before the 28th February, 1895.” It is objectedthat the affidavit is defective, as expressing only the personal actof the defendant, and that sufficient notice to quit has not beenproved. I must regard the initiatory averments in the affidavitas showing that this act of the defendant was an act done by himas plaintiff’s attorney, and the notice proved in the proctor’s letterto him sufficient.
The notice to quit “ on or before ” given in 1 S. C. R. 61 wasbad, apparently for the date named being the first day of a newmonth and not the terminal date of any month of the monthlytenancy. So long as the tenant is notified he must quit on thatterminal date, it is* sufficient, even if it be indicated to him he iswelcome to go previously thereto should he so desire. The noticeneed not mention the particular date on which the tenant is requiredto quit.
I regard the power of attorney also as sufficient authorization,and affirm the decree with costs.