Malwattage v. Dharmawardena – sllr 1991 volume 2 page 141

Brief
In the case between Malwattage (Plaintiff‑Appellant‑Respondent) and Dharmawardena (Defendant‑Respondent‑Appellant), the central legal questions concerned the validity of a tenancy contract arising from an unauthorized structure constructed in contravention of the Housing and Town Improvement Ordinance, the applicability of the Rent Act to such a contract, and whether the principle “in pari delicto potior est conditio defendentis” applied where one party acted without culpability. The facts involved an unauthorized building constructed by the Respondent’s father, with subsequent transfer and disputed tenancy based on rent payments. The courts below differed on the contract’s enforceability and the Rent Act’s protection, but the final judgment determined that statutory violation preclu