Nanayakkara v. Navaratne – sllr 1985 volume 1 page 035

In the case between the tenant (plaintiff-respondent) and Agnes, the landlady (defendant-appellant), the court addressed the issue of whether privity of contract continued between a longstanding tenant and a new owner following a partition suit, and whether the dispossessed tenant could seek restoration of possession and damages under section 328 of the Civil Procedure Code. It was held that privity of contract existed between the tenant and the successor landlord, and that the tenant’s removal under a partition decree did not bar the remedies afforded by section 328. The decision reaffirmed the principle that a landlord or successor must ensure quiet enjoyment for a tenant, and established that “actio conducti” is available to secure contractual rights arising from tenancy. Emphasis was p