KARIYAWASAM VS. SUJATHA JANAKI AND 2 OTHERS

SUPREME COURT
SALEEM MARSOOF PC., J.
CHANDRA EKANAYAKE, J. AND
SATHYA HETTIGE PC., J
S. C. APPEAL NO. 33A/2012
SC/HCCA/LA NO. 516/2011
WP/HCCA/COL NO. 119/2011-LA
D. C. COLOMBO NO. DRE-011/2011
DECEMBER 21ST, 2012
MARCH 7TH, 2013

Mediation Boards Act, No, 72 of 1988-Section 7(1)-Action other than those involving the grant of any provisional remedy-Not to be filed without certificates of non-settlement-Interim Injunctions-Sequential tests-Prima facie case-Balance of Convenience-Equitable Considerations

The complaint of the Plaintiff is that the 1st Defendant without informing her, had placed the 2nd and 3rd Defendants in possession of the subject matter as subtenants. The Plaintiff consequently moved the District Court to grant a declaration to the effect that the 1st Defendant's tenancy had come to an end and the Plaintiff is the rightful owner of the subject matter and that the Defendants be ejected from the said premises and interim injunction as prayed for in the prayer to the plaint be granted.

After inquiry the District Court by its order dated 20.10.2011 issued interim injunctio