FERNANDO
V.
PADMAKUMARA

SUPREME COURT
AMARATUNGA, J.
IMAM J.AND
SURESH CHANDRA J.
S.C.APPEAL NO. 107/2008
S.C. H.C. (CA) LA NO. 127/2008
W.P/HCCA/COL/57/2008(LA)
DC/Mt. Lavinia No. 687/02/RE
MARCH 25TH, 2011

Rent Act-Section 36- Continuance of the tenancy upon the death of the tenant. if at the time of his death he was in occupation of such premises? Civil Procedure Code - Sections 36(2), 839, Succesionary rights in respect of residential and business premises upon a death of the tenant- Survival of the action.

This is an appeal against the judgment of the Civil Appellate High Court regarding the dismissal of the Appellant's application to substitute the Respondent in a rent and ejectment action.

The Appellant filed an action in the District Court against the Defendant to eject her from the premises in suit, for arrears of rent and for damages. The case was decided ex-parte against the Defendant and decree was entered. The Appellant took steps to have the decree executed. The Fiscal reported that the Defendant had died and thereupon the Appellant moved to have the Respondent substituted in order to serve the ex-parte decree, on the basis that the D