Mrs. M.L.R. Fernando vs Mrs. I.M.R. Perera – SC APPEAL 80/2010-2013

In the case between Mrs. M.L.R. Fernando (Plaintiff/Appellant) and Mrs. I.M.R. Perera (Defendant/Respondent/Petitioner), the court addressed whether structural alterations—including the replacement of traditional Sinhala half round tiles with asbestos sheets and the reduction of the wall height—constituted “deterioration” under Section 22(1)(d) of the Rent Act No. 7 of 1972. It was held that these alterations amounted to deterioration rather than improvement, and that expert evidence was necessary to determine the nature and impact of such changes. By relying on expert testimony and applicable legal precedents, the decision reaffirmed the principle that significant unauthorized alterations which disorganize the original structure and decrease the property’s value go beyond permissible repa