Dr. Rasiah Jeyarajah and Rassiah Yogarajah vs. Yogambihai Thambirajah nee-Renganathan Pillei – SC APPEAL NO. 146/2013-2015

In the case between Dr. Rasiah Jeyarajah and Rassiah Yogarajah (Plaintiffs) and Yogambihai Thambirajah nee-Renganathan Pillei (Defendant), the court addressed whether relief for ejectment of an over-holding lessee should be granted on the basis of privity of contract or title. It was held that the cause of action was grounded in the privity of contract established by admitted lease agreements, not solely in a claim to title. The dismissal of the action by the High Court due to lack of proof of title was reversed, and the District Court’s order for ejectment was affirmed. This decision reaffirmed that when a valid lease and breach thereof are established, proof of title becomes secondary, and contractual relations suffice to support an action for ejectment. Reliance was placed on Pathirana