Fernando v. Fonseka – sllr 1981 volume 2 page 393

In Fernando v. Fonseka, the dispute concerned the rectification of a consent decree in a rent and ejectment matter involving the Plaintiff-Respondent landlord, Fernando, and the Defendant-Petitioner tenant, Fonseka. The issue focused on the omission within the consent decree to specify the individual entitled to occupy the premises upon the vacation or ejectment of the existing tenant, as mandated by Section 22(8) of the Rent Act. The main contention examined whether this statutory omission could be remedied post-judgment to accurately reflect the parties’ intentions, considering Section 408 of the Civil Procedure Code. It was held that the court could amend the decree to include the required prohibition, restricting occupation solely to Mrs. Shiromini de Alwis. This approach ensures adher