CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1249
O. 21 r. 21.
509. No defendant in an action for the recovery of immovable property who is in possession by himself or by his tenant need plead his title, unless his defence depends on an equitable estate or right or he claims relief on any equitable ground against any right or title asserted by the plaintiff. But, except in the cases hereinbefore mentioned, it shall be sufficient to state by way of defence that he is so in possession, and it shall be taken to be implied in such statement that he denies, or does not admit, the allegations of fact contained in the plaintiff's statement of claim. He may, nevertheless, rely on any ground of defence which he can prove, except as hereinbefore mentioned.
Action of Ejectment.
510. Every tenant to whom any writ in ejectment is delivered, or to whose knowledge it comes, shall forthwith give notice thereof to his landlord or his agent, under penalty of forfeiting the value of 3 years improved or rack rent of the premises demised or held in the possession of such tenant to the person of whom he holds, to be recovered by action in any Court having jurisdiction for the amount.
[15 & 16 Vict. c. 76 s. 209.]
[ib. s. 210.]
511.—(1) In all cases between landlord and tenant, as often as it happens that one half-year's rent is in arrear, and the landlord or lessor to whom the same is due has right by law to re-enter for non-payment thereof, the landlord or lessor may, without any formal demand or re-entry, serve a writ in ejectment for the recovery of the demised premises; or in case the same cannot be legally served, or no tenant is in actual possession of the premises, then the landlord or lessor may affix a copy thereof upon the door of any demised messuage, which service shall stand in the place and stead of a demand and re-entry; and if it is made to appear to the Court at the trial that half a year's rent was due before the writ was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the landlord or lessor had power to re-enter, then the landlord or lessor shall recover judgment and execution in the same manner as if the rent in arrear had been legally demanded and a re-entry made.
(2) In case the lessee or his assignee, or other person claiming or deriving under the lease, permits and suffers judgment to be had and recovered on such trial in ejectment, and execution to be