Licensee- Where A continues to remain in possession of a house after he has sold it to B on condition that B should reconvey it to A if the consideration for the transfer is repaid within a fixed period, A's possession is that of a licensee.

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1965 Present : H. N. G. Fernando. S.P.J., and Sirimane, J.

MRS. SITHY MARHOOMA, Appellant, and MRS. P. WEERASINGHAM,
Respondent

S. C. 366/65-Application for conditional haw to appeal under Rule 2 of the
Schedule to the Appeals (Privy Council) Ordinance in
C. R. Colombo, 85614

Privy Council-Conditional leave to appeal-Landlord and licensee-Action in ejectment-Valuation of subject-matter-Appeals (Privy Council) Ordinance, Schedule, Rule 2.

Where A continues to remain in possession of a house after he has sold it to B on condition that B should reconvey it to A if the consideration for the transfer is repaid within a fixed period, A's possession is that of a licensee. Accordingly, in an action in ejectment instituted by B, the subject matter of the action must be valued, for the purpose of obtaining conditional leave to appeal to the Privy Council, at the value of the licence itself and not at the value of the property.



vide 68 NLR 304

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