Fathima Meroza Jazeel vs Dhammika Dahanayake – CASE NO. WP/HCCA/COL/115/2011 [F]-2023

In the case between Fathima Meroza Jazeel (Appellant) and Dhammika Dahanayake (Respondent), the court addressed whether the respondent’s occupancy of the premises was based on lawful tenancy or amounted to trespass, and whether a tenancy agreement created by the appellant’s father as an agent was binding on the appellant. It was determined that a valid tenancy had been formed between the appellant’s father and the respondent, and that the respondent was not a trespasser. The question of whether the respondent’s silence in response to the appellant’s letter (‘P-8’) constituted an admission was also considered, with the findings establishing that the letter did not terminate the tenancy nor was non-response taken as an admission of liability. The appeal was dismissed, affirming that the resp