Gunasinghe v Samarasundara – sllr 2004 volume 3 page 028

In the case between the plaintiff-respondent (including R.A. Jayawardena and others) and the 1st defendant-appellant (overholding tenant/licensee), the court addressed whether an eviction action against a licensee required prior notice of termination, and whether the licensee could challenge the licensor’s title by claiming prescriptive rights. It was held that an action for ejectment could proceed without prior notice of termination, and a licensee or tenant is estopped from disputing the licensor’s or lessor’s title while still in possession. This principle was reaffirmed by relying on section 116 of the Evidence Ordinance and relevant case law. The decision clarified compliance requirements under sections 41 and 545 of the Civil Procedure Code and emphasized that defenses relying on pre