(HIGH COTJRT OF JUSTICE)

IBRAHIM MOHAMMED WAGEEALLA vs.

AHMED SHAWGI MUSTAFA & ANOTHER

{C/REVI 957)

Revision.

Principles

·  Landlord and tenant — tenant subletting house without written consent of landlord - - landlord bought house after sub-lease.

A purchaser of a house who knows that the tenant has sub-let it without written Consent, and who receives rent from the tenant without making any objection will be stopped from claiming that there has been no written consent to the sub-lease.

Judgment

The plaintiff brought an eviction suit against the defendants claiming delivery up of vacant possession of certain premises owned by the plaintiff and leased to the first defendant. The first defendant had leased the premises to the second defendant without obtaining the written consent of the then owner who was the plaintiff’s predecessor

in title. When the plaintiff bought the premises he was aware of the

sub-lease, and afterwards he received rent from the first defendant without raising any objection about the sub-lease. There was also a dispute concerning the standard rent of the premises.

Advocates: Abdullah el Hassan for plaintiff  Respondents appeared in person

D.S. Abu Ghazaleh P.J. stated the facts and continued :

The plaintiff objects to the decree of the learned trial Judge on the following grounds; namely that the defendant had admitted sub. letting the house without the plaintiff’s written consent, and also on the ground that the Judge has arbitrarily assessed the standard rent of the house.

As to the first ground I find that there was ample evidence to justify the inference of stopple by conduct. In this case the plaintiff knew of the sub-letting from the day he bought the house, and he received the rent without objection. Therefore, the plaintiff is taken to have waived the requirement that consent should be in writing.

As to the other ground I find that the assessment of the standard rent was not arbitrary, and I see no reason to interfere with the finding of the Judge.

Application for Revision dismissed.