Thambirajah v. Abdul Kudoos Dorai and Others – sllr 1990 volume 2 page 319

In the case between M. Thambirajah (petitioner/defendant) and Mohamed Farook Dorai, together with other co-owners (plaintiff-respondents), the court addressed the issue of whether a sub-tenant possesses statutory protection under Section 52(2)(b) of the Partition Law, read with Section 14(1) of the Rent Act, when such tenancy rights are not expressly reserved in a final partition decree. It was held that a sub-tenant could, in principle, be protected if it is established that the immediately preceding tenant’s rights persisted notwithstanding a lack of explicit reservation. However, the findings established that insufficient evidence was produced regarding lawful sub-tenancy, particularly due to the lack of rent receipts and improper compliance with procedural notice requirements. In conse