Hallewa Mudiyanselage Mangalika Jayasinghe vs Nanayakkarawasam Gamgodage Sunethra Udeni Bandara Jayasinghe – SC APPEAL 183/2016-2018

Brief
In the case between HallewaMudiyanselage Mangalika Jayasinghe (Plaintiff/Appellant) and Nanayakkarawasam Gamgodage Sunethra UdeniBandara Jayasinghe (Defendant/Respondent), the court examined whether the Defendant’s assertion of a trust relationship and continued occupation after expiration of a lease was legally sound, particularly in light of the Defendant’s non-attendance for cross-examination and the execution of a formal lease agreement. It was held that the Defendant’s claim to beneficial ownership under trust could not be substantiated due to statutory provisions and evidentiary shortcomings, and that upon execution of the lease, recognition of the Plaintiff’s title was conclusive. The decision establishes that, on expiry of a lease, no further notice to quit is necessary for