FERNANDO VS. PERERA

SUPREME COURT
TILAKAWARDANE J.
DEP P.C.J.
EVA WANASUNDERA PC. J.
SC APPEAL 80/2010
SC HCCALA 261/09
WP/HCCA KAL-106/02 (F)
DC PANADURA 341/RE
JUNE 17, 2013

Rent Act No. 7 of 1972- Section 22 (1) [d] Deterioration?- What is structural alteration-Reparation of roof- improvement?- Decline value- Does it come within deterioration - Duty of the tenant to take proper care- Expert Evidence.

The plaintiff-respondent sought the eviction of the tenant appellant from the premises in question on the ground that the condition of the premises had become deteriorated owing to acts committed by the appellant- Section 22(1) (d). Judgment was entered in favour of the appellant in the District Court- the High Court set aside the said judgment. The Supreme Court granted leave to appeal on the issue whether the repairs made by the appellant tenant caused deterioration to the premises and whether replacement of Sinhala tiles with asbestos sheets caused deterioration of the premises.

Held:

(1) Expert evidence is a fundamental necessity upon which the question of whether the repairs amount to deterioration or improvement remains.

(2) The