Yasoma Champa Nilmini Abeygunawardena v. Sunil Gotabaya Lamabadusuriya – SC APPEAL NO.169/2011-2018

In the case between Yasoma Champa Nilmin Awardena (respondent) and Sunil Gotabaya (appellant), the court addressed whether residential premises at issue were exempt from the Rent Act pursuant to section 2(4)(c) on the ground that they were “occupied by the owner” as at 1 January 1980. A secondary issue concerned whether the appellant, after expiration of a lease, became a monthly tenant. The holding established that a life interest holder with actual occupation and principal rights associated with ownership may qualify as an “owner” for the purposes of exemption under section 2(4)(c) of the Rent Act. This interpretation was drawn from the evaluation of historical fact, title documentation, deed of gift, and statutory construction, emphasizing substance over strict formality in property int

REF: SC APPEAL NO.169/2011-2018 Category: Tag:
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