Majubudeen and Others V Simon Perera – sllr 2003 volume 2 page 341

In the case between Majubudeen and Others (Plaintiffs/Appellants) and Simon Perera (Defendant/Respondent), the court addressed the issue of whether a lessor’s action for restoration and ejectment against an overholding lessee can be maintained based solely on privity of contract rather than title to the property. It was held that the lessor’s right to relief stems primarily from the existence of a contractual relationship, not the demonstration of title to the premises. The decision reaffirmed the principle that a lessee is precluded from disputing the lessor’s title until the lessee has fulfilled obligations under the contract, particularly the restoration of possession. This outcome relied on authorities such as Pararajasekaram v. Vijayaratnam, Pathirana v. Jayasundara, and de Alwis v. P