Jayasekera v. Bishop of Kandy – sllr 2002 volume 2 page 406

In Jayasekera v. Bishop of Kandy, the court addressed the issue of the procedural entitlement regarding which party should commence by leading evidence when the defendant admits the plaintiff’s title but asserts tenancy rights. It was held that the burden of proving lawful possession, arising from the assertion of tenancy under the Rent Act, rests with the party claiming such rights. Reference was made to established precedent, including Gunasekare v. Latiff, confirming that the defendant-petitioner must lead evidence unless the plaintiff-respondent advances a claim for damages, in which case the plaintiff would address that aspect first. The application for leave to appeal was dismissed and costs were imposed, reaffirming the principle that the burden of proof aligns with the affirmative