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2024 Supreme(SRI)(CA) 440

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
M. Sampath K. B. Wijeratne, M. Ahsan. R. Marikar, JJ
Vasantha PremakumaraKudaliyanage and other vs. Renuka Nandani Kurukulasuriya and three others


Advocates:
Rohan Sahabandu P.C., with C. Elvitigala for the Respondent - Petitioner. Navodi de Soyza, S.C for the Respondent - Respondent. Sanjaya Kodithuwakku for the 1st and 2nd Substituted Applicant – Respondent – Respondents.

M. Sampath K. B. Wijeratne J.

Introduction

The Applicant, T.G. Perera, the landlord of the property at No. 98, Janapriya Mawatha, Panadura, submitted an application under Section 18A of the Rent Act, [No. 7 of 1972, as amended.] to the 3rd Respondent, the Housing Commissioner of the Western Province, seeking permission to demolish the building for redevelopment. It is an undisputed fact that late T.G. Perera was the landlord while the Appellants were the tenants.

While the inquiry was ongoing, T.G. Perera passed away, and letters of administration for his estate were granted to the 1st and 2nd Respondents. As a result, the 1st and 2nd Respondents were substituted in place of late T.G. Perera. The Respondents-Petitioner-Appellants (hereinafter referred to as the ‘Appellants’) filed statement of objections to the application made by the landlord, the initial applicant.

Following the inquiry, the 3rd Respondent made an order on 25th April 2014, allowing the application of the 1st and 2nd Respondents, subject to the payment of Rs. 374,400/- as compensation to the Appellants.

The aggrieved Appellants sought a mandate in the nature of writ of certiorari from the Provincial High Court of Colom

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