Attanagoda v. Liyanarachchi – sllr 1999 volume 3 page 359

In Attanagoda v. Liyanarachchi, the court examined whether the long-term rent payments by a wife, during the continued subsistence of her marriage, created a new tenancy distinct from that originally entered into by her husband, under the Rent Act. It was held that such payments did not establish a new contractual tenancy between the plaintiff and the wife, as the evidence did not demonstrate that the original tenancy had been extinguished or abrogated. The principle reaffirmed was that a deserted wife in continued occupation does not acquire tenancy rights independent of her husband solely through payment of rent, absent explicit proof of a fresh contract, and cannot be evicted if the marital relationship subsists. Reliance was placed on section 21(2) of the Rent Act and established prece