Seneviratne v. Francis Fonseka – sllr 1986 volume 2 page 001

In the case between Senviratne (landlord/petitioner) and Francis Fonseka Abeykoon (tenant/respondent), the court addressed whether inherent judicial powers could be exercised to order restoration of possession to a tenant, in the absence of a formal decree under section 217(c) of the Civil Procedure Code, when the landlord had resorted to self-help eviction in disregard of due process. The court held that restoration was justified based on the plaintiff’s conduct, which included suppression of material facts and extrajudicial eviction, reaffirming the principle that judicial intervention is warranted to prevent abuse of process and uphold the rule of law. This decision relied on section 839 of the Civil Procedure Code and relevant case law, emphasizing that the court may invoke its inheren