Principles

·  Landlord and Tenant—Notice—Rent Restriction Ordinance, ss. 9 and 10—Necessity of serving of notice under section 9.

Where a tenant has exercised his right of reducing his rent, under Rent Restriction Ordinance, s. 10, and his landlord wishes to claim recovery of the old rent, it is necessary for the landlord to serve notice on his tenant under Rent Restriction Ordinance, s. 9, and he is only entitled to recover after the lapse of the four weeks prescribed by section 9.

Judgment

      Abdel Mageed Imam J. March 10, 1964: —After having heard both parties on the application and having read the record, I think this application should succeed.

      The crucial point is whether a landlord who fails to serve notice on his tenant under Rent Restriction Ordinance, s.9, after the latter had exercised his right of reducing the rent given by Rent Restriction Ordinance, s. 10, and who continues to receive the rent so reduced for a considerably long time, can fall back on the tenant and ask for repayment of these sums.

I do not think so. it is incumbent on the landlord to serve such notice and he can only be entitled to recover after the lapse of the four weeks prescribed by the said section.

      For the above, the decree of the District Judge, Omdurman, dated July 10, 1963, is amended to read as follows:

(a) that the plaintiff’s claim in respect of recovery of accumulation of deduction of rent is dismissed with costs;

(b) that the standard rent is £S.31.109 m/ms and that the plaintiff will be entitled to recover the same four weeks from June 26, 1963;

(c) the applicant is awarded costs in respect of the declaration of the standard rent only in the court below;

(d) the respondent is awarded costs in this court taxed at £S.4