Jinasena v. The Commercial Investment and Finance Co., Ltd. – sllr 1985 volume 1 page 238

The case between Jinasena (plaintiff) and The Commercial Investment and Finance Co., Ltd. (defendant) considered whether the premises in dispute were to be classified as business or residential premises under the Rent Act and whether a valid contract of tenancy existed between the plaintiff and the defendant-company. The court determined that the premises were used mainly for residential purposes, referencing both assessment registers and tenancy-related documents, but relying ultimately on the nature of occupation as the key test. The holding established that the assessment register entries provided only prima facie evidence and that real use was determinative, leading to the application of the Rent Act protections and dismissal of the plaintiff’s claim. The principle that the primary tes