KARUNARATNE

Vs.

KOTALAWELA

SUPREME COURT
SURASENA, J.
WENGAPPULI, J.
SAMAYAWARDHENA, J.
SC/APPEAL/17/2015
SC/HCCA/LA/463/2013
WP/HCCA/COL/257/2008/F
DC COLOMBO 9643/RE
MARCH 25, 2021

Rent Act, No. 7 of 1972, sections 22(2)(bb)(ii), 22(6), 22(7)(b)(ii)-Denial of tenancy-Applicability of the Rent Act-In what circumstances can a party present a case different from his pleadings?

The plaintiff filed action seeking ejectment of the defendant, whom the plaintiff said was her tenant, from the premises in suit in terms of section 22(2)(bb)(ii) read with section 22(6) of the Rent Act, No. 7 of 1972, and damages. The defendant filed answer stating that he was not the tenant of the plaintiff and that he had not attorned to the plaintiff upon the death of his previous landlord, the plaintiff's father. He sought dismissal of the plaintiffs action on the basis that in view of the statutory bar contained in section 22(7)(b)(ii), the plaintiff cannot maintain the action under section 22(2)(bb)(ii). In view of the admission of the defendant that he was not the tenant of the plaintiff, the plaintiff took up the position that the defendant is disentitled to t