Fonseka v. Gulamhussein – 1978_79 volume 2 page 312

In Fonseka v. Gulamhussein, the court addressed whether a tenant not in actual physical occupation of premises—where the property is occupied by employees or licensees—is protected under section 28(1) of the Rent Act, No. 7 of 1972. It was held that only personal and actual occupation by the tenant affords statutory protection, and occupation through employees or licensees does not suffice unless reasonable cause for non-occupation is established. This determination reaffirmed the principle that protection for residential tenants under the Rent Act is restricted to those residing in the property, drawing upon statutory language, policy considerations, and comparative case law. The appeal was dismissed with costs, emphasizing that absence of personal occupation enables ejectment by the land