Weerasinghe v. De Silva – 1978_79 volume 2 page 016

The case between the landlord (plaintiff-respondent) and the tenant (defendant-appellant) addressed the issue of whether section 28 of the Rent Act No. 7 of 1972 should be applied prospectively in determining a tenant’s cessation of residence, and whether use of residential premises for business affects statutory protection against eviction. It was determined that the statutory period of non-occupation for the purpose of section 28 must be calculated only from the commencement of the Act, and non-occupation prior to 1 March 1972 is not relevant. Further, although the premises had been used as a Montessori school since 1962, the original residential character governed protection under the Act, and business use did not satisfy the requirement of genuine residential occupation. The appellate