SUMANASIRI
VS.
K.G SOMAPALA ALIAS R.U. SOMAPALA

SUPREME COURT
PRIYASATH DEP P.C.J.
ROHINI MARASINGHE. J.
ANIL GOONERATNE. J
S.C. APPEAL No. 48/2010
May 20, 2015

Declaration of title and eviction/L- Condition of the leases- Declaration of title-Eviction- Shop premises- Continued possession- Section 91 and 92 of Evidence Ordinance- relevancy of leave periods?

Action was filed in the District Court of Mawanella for a declaration of title and eviction of the Defendant It is also the case of the plaintiff that the Defendant has violated the conditions of the lease agreements bearing Nos. 2597/2705.

The position of each party revolves on the question of construction of shop premises in the land in dispute, admittedly owned by plaintiff Respondent-Respondent Plaintiffs position is that as per lease-2597, Defendant had to construct a shop which constructions starts below the road level and a concrete slab built as the roof to enable Plaintiff to sell betel on it The second lease P3 (2705) was to construct another shop on the concrete slab. It would mean construction of two shop premises This position was denied by the Defendant-Appellant who took up the positio