Biso Menika v. Cyril Alwis and Others – sllr 1982 volume 1 page 368

In Biso Menika v. Cyril de Alwis and Others, the Supreme Court addressed the validity of a vesting order issued by the Minister of Housing under Section 17(1) of the Ceiling on Housing Property Law, examining whether the premises in question constituted a “surplus house” and the rights of a tenant to apply under Sections 9 and 13 of the same Law. The factual background involved Biso Menika, who received ownership of the premises by deed from Mrs. Mabel Peiris, and the continued occupation by the 7th Respondent as a tenant refusing attornment. The court held that there was no surplus house owned by Mrs. Peiris to warrant the impugned application, found the actions of the Commissioner of National Housing and the Minister ultra vires, and determined that the challenge to the vesting order was