Wimalaratne v. Linganathan and Another – sllr 1984 volume 1 page 247

In the case between Wimalaratne (Plaintiff-appellant) and Linganathan and Another (Defendant-respondents), the court addressed the classification of premises under the Rent Act with regard to whether premises used as a guest house operated for profit should be categorized as business premises or residential premises. It was held that despite the commercial activity, the use of premises by tourists as temporary residence brought the premises within the scope of “residential” under the Act. The principle reaffirmed is that the test for classification under the Rent Act depends on the tenant’s actual use and the purpose of occupancy, not solely the business activities conducted. This decision relied extensively on prior case law, emphasizing that temporary occupation for residence, regardless