Fernando v. Padmakumara – sllr 2012 volume 1 page 303

In the case between Fernando (landlord/Appellant) and Padmakumara (tenant/deceased respondent), the court addressed whether a tenancy action grounded in a contract of tenancy survives the tenant’s death, and whether a relative of the deceased tenant can be substituted as a respondent when no succession claim to the tenancy exists. The Appellant commenced an action for arrears of rent and ejectment, obtaining a decree that was subsequently challenged when the Defendant died and an application for substitution of next of kin was made. Although the District Court permitted substitution, the Civil Appellate High Court reversed this decision. The Supreme Court determined that a contract of tenancy is terminated upon the death of the tenant; as a result, the action could not survive, and substit