134-NLR-NLR-V-03-WEERAPERUMAL-et-al-v.-DAVOOD-MOHAMAD.pdf
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1898.
October 14.
WEERAPERUMAL et al. v. DAVOOD MOHAMAD.
G. B., Kandy, 6,642.
Small Tenements Ordinance, 1882—Notice to quit—Reasonable notice.
Under the Small Tenements Ordinance, 1882, no notice to quit ofany definite length of time is required. But the notice must bereasonable enough to admit of a tenant having an opportunity tosecure another house.
A monthly tenancy having commenced from the 15th of themonth, a notice dated 12th February, requiring the tenant to quiton the 15th March, is sufficient and reasonable.
^J^HE facts of the case appear in the following judgment.
H. Jayawardana, for appellant.
Domhorst, for respondent.
14th October, 1898. Bonser, C.J.—
In this case the defendant, against‘whom an order of ejectmentwas made under the Small Tenements Ordinance, 1882, hasappealed, on the ground that the notice to quit was not good.
It appears that the tenancy commenced from the 15th of themonth to the 15th of another month, and it was admitted thatthe tenancy ran from the 15th of the month to the 15th of anothermonth. The notice to quit is dated the 12th February, and requiredthe defendant to give up possession on the 15th March, andhis contention is in effect that he had too much grace given him.As I understand the law, no notice of any definite length oftime is required. It must be a reasonable notice—reasonablysufficient in the opinion of the Judge to admit of a tenanthaving an opportunity of securing another house. A month’snotice has been in several cases considered reasonable, and inthis case the tenant had more than a month’s notice. That beingso, I think that there is no substance in the defendant’s objection,and his appeal is dismissed.