Francis vs Sirisena and Others – sllr 1983 volume 2 page 050

In the case between Francis (Plaintiff) and Sirisena and Others (Defendant), the court addressed the issue of the validity of substituting the deceased tenant’s legal representatives as parties in an action for rent and ejectment. It was held that where a tenant dies after the institution of eviction and recovery proceedings, substitution of legal representatives is properly made under the Civil Procedure Code, not under Section 36 of the Rent Act No. 7 of 1972. The principle reaffirmed is that Section 36 of the Rent Act only applies when a tenant dies prior to the commencement of legal proceedings, while the Civil Procedure Code governs substitution once an action is underway. Reliance was placed on the interpretation of statutory provisions and procedural rules, clarifying that inappropr