IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for a Revision and Restitutio-in-Integrum under Article 138(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA/RII/40/2023 D.C. Colombo Case No:

DRE (S) 41/23 Raguwan Sandanam No.12, Dehiwala Road, Maharagama.

And No.18/1 and 18/2, Sellamuttu Avenue, Colombo 03.

Defendant -Petitioner -Vs-

China Great Wall Hospital Private Limited No.32, Park Road, Colombo 05.

And No.21, Upatissa Road, Bambalapitiya, Colombo 04.

Plaintiff -Respondent Before: Hon. D.N. Samarakoon, J.

Hon. Neil Iddawala J.

Counsel: Mr. Mahinda Nanayakkara instructed by Mr. Niluka Dissanayake for the Defendant-Petitioner.

Mr. Boopathy Kahathuduwa with Ms. Kushendi Edirisinghe, for the Plaintiff-Respondent.

Argued on: 03.11.2023 Written submission tendered on: 06.11.2023 by the Defendant-Petitioner.

06.11.2023 by the Plaintiff-Respondent Decided on: 19.12.2023 D. N. Samarakoon J., Section 02 (1) and (2) of RECOVERY OF POSSESSION OF PREMISES GIVEN ON LEASE ACT, No. 1 OF 2023 says, “2. (1) Where any premises has been given on lease by a lessor, such lessor may, subject to the provisions of subsection (2), institute action for the recovery of possession of such premises in the Court having jurisdiction over the local limits within which (a) the premises given on lease is situated;

(b) the lessee resides;

(c) the cause of action arises; or (d) the lease agreement sought to be enforced was made.

(2) An action shall not be instituted by a lessor under the provisions of this Act for the recovery of possession of a premises given on lease or for any relief specified in subsection (2) of section 5 unless possession of such premises has been given to the lessee by a lease agreement”.

Section 04(1) says, “4. (1) The lessor (hereinafter referred to as the “plaintiff”) shall institute an action by presenting a plaint in the form specified in the Civil Procedure Code and shall file with such plaint (a) an affidavit to the effect that the possession of the premises given on lease which is the subject matter of the action (hereinafter referred to as the “premises”) is lawfully due to the plaintiff from the lessee (hereinafter referred to as the “defendant”);

(b) a draft decree nisi together with the applicable stamps as required by law, for the decree nisi and service thereof; and (c) such number of copies of the plaint, affidavit and lease agreement, together with any document relied on by the lessor, as is equal to the number of defendants in the action, if there are more than one defendant”.

Section 05, among other things, says, “…the Court shall enter a decree nisi in the form set out in the First Schedule to recover the possession of the premises described in the plaint, together with any of the reliefs specified in subsection (2)”.

Section 08(1) says, “8. (1) A decree nisi shall be served on the defendant to recover possession of the premises as asserted by the plaintiff while giving the defendant a reasonable opportunity to make an application to seek leave to appear and show cause, in respect of his position”.

Section 11(1) and (2) says, “11. (1) The date to be specified in the decree nisi as the date on which the defendant is to make an application seeking leave to appear and show cause, if any, against the decree nisi shall be as early a date as can conveniently be specified, regard being had to the distance from the defendant’s residence to the Court. In any such instance, the said date to be specified shall not be later than six weeks from the date of the decree nisi.

(2) The Court shall not grant the defendant any further time to make an application to enable the defendant to seek leave to appear and show cause against such decree nisi”.

The learned Additional District Judge has entered decree nisi on 11.08.2023.

The notice returnable date was 14.09.2023.

On 14.09.2023, the learned Attorney at Law who appeared for the defendant stating that the defendant is in r