Magedera Gamage Jinapala Dasanayaka v. Magedera Gamage Nimal Dasanayaka and Others – SC APPEAL NO. 211/2014-2017

In the case between the 5A Defendant-Appellant (wife of the deceased 5th Defendant) and the long-standing tenant maintaining “Deluxe Dry Cleaners,” the court addressed whether a tenant of a business premises is entitled to statutory protections under Section 52(2)(b) of the Partition Law and the Rent Act, akin to a tenant of a residential premises. The holding determined that tenants, regardless of the premises’ use—residential or business—are afforded protection under these statutes, provided occupation predates the final decree. This principle was reaffirmed through a construction of Sections 52(2)(a) and 52(2)(b) of the Partition Law, finding the legislative intent to encompass all tenancies. The result was an affirmation of the High Court’s decision, with the appeal dismissed and costs