WIMALA PERERA V. KALYANI SRIYALATHA

WIMALA PERERA V. KALYANI SRIYALATHA

SUPREME COURT
SHIRANEE TILAKAWARDANE, J.,
SRIPAVAN, J. AND
IMAM, J.
S.C. APPEAL NO. 51/2010
S.C.H.C.C.A.L.A. NO. 45/2010
WP/HCCA/COL/76/2002 (F)
D.C. COLOMBO NO. 8884/RE
MARCH 4TH, 2011

Landlord and Tenant - Tenant disputes landlords title - Refusual to give up possession of the property at the termination of the lease on theground that the tenant acquired certain rights to the Property.

On or about 1st September 1996, the Plaintiff Appellant had purportedly granted the Respondent leave and license to occupy the premises in suit. By letter dated 30th September 1997 the said leave and license was terminated and the Respondent was directed to hand over vacant possession of the said premises. The Appellant claimed that the Respondent failed to hand over the premises on the due date and has remained in wrongful occupation, causing damages.

The Plaintiff Appellant instituted action in the District Court and after hearing the parties the learned District Judge dismissed Appellant's action with costs. The Appellant appealed against the judgment of the District Court to the High Court. The High Co

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