Perianan vs Gunasinghe and Another – sllr 2008 volume 2 page 392

In the case between the plaintiff/respondent (landlord) and the defendant/appellant (tenant), the court addressed whether the requirements under the Rent Act had been satisfied to prove unlawful subletting of leased premises. It was held that clear and cogent evidence is required to establish exclusive possession by an alleged sub-tenant and the payment of rent to the primary tenant, reaffirming the principle that the burden of proof lies on the party alleging sub-tenancy. This decision relied on precedents such as Perera v Seneviratne and Suppiah Pillai v Muttukaruppa Pillai, emphasizing the necessity for strict proof of subletting to succeed in an ejectment action. The appeal was allowed, and the District Court’s ruling was set aside due to the plaintiff/respondent’s failure to discharge