085-NLR-NLR-V-56-S.-SILVA-et-al-Appellants-and-MUNIAMMA-Respondent.pdf
Silva v. Afuniammn
357
1955Present : Sansoni J.S. SILVA, ft at., Appellants, and MUNTAMMA, Respondent
S. C. 138—C. R. Colombo, 43,392
I tuuUord a.ul tenant—Donee or vendee of leaned premises—His rujht to sue tenant forrent.-
Whore a landlord donates the rented promises reserving a life-interest in hisfavour, the donee is entitled to olaim the rent from the tenant on the death of thedonor; it is not open to the tenant to continue to remain in possession and refuseto pay rent to the new owner on the pretext that he never attorned to the nowowner.
Zackariya v. Benedict (1950) 53 N. L. R. 311, considered.
1’IMCAL from a j udgment of the Court of Requests, Colombo.
Vernon Wijetuiuja, with H. D. Perera, for the plaintiffs appellants.
No appearance, for the defendant respondent.
1 {1952) 54 N. L. R. 440.
ar>8
SANSONI .T.—Silva v. JHuniatnma
January 24, 1955. Sansohi J.—
The premises in dispute were rented by one Girigoris Perera to the .defendant. Girigoris had become the owner of these premises under a finaldecree entered in a partition action in 1939. After that decree had beenentered Girigoris gifted these premises in 1946 to the plaintiffs subject to alife interest in his favour. Girigoris died on 15th November, 1952, and,on the 29th November, 1952, the plaintiffs wrote to the defendant inform-ing her of Girigoris’ death and asking the defendant to pay the futurerents to them because they are entitled to the premises under the deedof 1946. The defendant did not even acknowledge this letter but con-tinued in occupation of the premises. She has now been sued for rentfrom December, 1952, until the end of April, 1953, amounting to Rs. GO.The defendant in her answer denied that she was at any time the tenant ofthe plaintiff. She also pleads that she has paid rent to one MartholisPerera who is a brother of Girigoris.
The learned Commissioner found that the defendant was Girigoris’tenant. He has also found that rent was paid to-Marthelis on 1st Decem-ber, 1952, that is to say, after'Girigoris had died and after the plaintiffshad informed the defendant of his death. He appears to be satisfied thatMarthelis was setting up the defendant to contest the plaintiffs’ rights.He has, however, held that because the defendant refused to comply withtho plaintiffs’ request to pay rent to them, the plaintiffs cannot bring anaction to recover rent as the defendant has not attorned to the plaintiffs.He cites a judgment of this Court in Zackariya v. Benedictx, but the pointdecided there was different. Mr. Justice Swan was dealing with the casewhere a tenant refused to pay rent to the vendee of the landlord and £.11 heheld was that the vendee could give the tenant notice to quit and sue thetenant for ejectment, but there are numerous authorities in support of theproposition that when a landlord sells premises which have been rented thepurchaser steps into the landlord’s shoes and is entitled to claim the rentfrom the tenant. Of course it is not incumbent on the tenant to remainin possession if he does not wish to acknowledge the vendee as his land-lord. He iB quite entitled to give up the tenancy and quit the premises,but so long as he remains in possession he must pay the rent to his newlandlord, that is the vendee z. In this case, apart from the fact that thedefendant did not refuse to accept the plaintiffs as her landlord, it wasnot open to her to remain in possession and refuse to pay tho rent to thoplaintiffs. Although the plaintiffs are the donees of Girigoris their positionis in no way different from that of a vendee. The only point of distinctionis that their right to claim possession did not accrue until Girigoris had*&ied. Once he died they were in exactly the same position in which anyvendee from Girigoris would have found himself. I therefore sot asidethe judgment under appeal and enter judgment for the plaintiffs in asum of Rs. 60 with costs in this Court and in the lower Court.
Ajvpe.nl nllnu'Pil.
(I960) S3 N. L. R. 311.
(1913) 1G N. L. R. at 317; (1951) 52 N. L. R. at 445.