Sydney v. Abeyratna and Others – sllr 1995 volume 2 page 265

In the case between Sydney (Plaintiff-Respondent, Landlord) and Abeyratna and others (Defendant-Appellants, Tenants), the court considered the applicability of section 22(7)(b)(ii) of the Rent Act regarding the right to ejectment when premises are acquired over the head of a tenant. The primary issue involved the determination of “annual value” for the purposes of the Rent Act, specifically whether this should be assessed as of January 1968 or at a later date, and the subsequent impact on the bar for ejectment proceedings. It was held that the correct assessment is the value as of January 1968, as the statutory definition provides two limbs and, on the facts, the first limb applies due to continuous assessment dating back to 1941 and occupation of a part of the premises. The findings estab