Marikkar vs Jayatunga – SC LA APPEAL 165/14-2017

In the case between Marikkar (original Plaintiff, later substituted by Sithy Zarooha Zuhair as Plaintiff-Respondent) and Jayatunga (Defendant-Appellant/Respondent), the court addressed whether extensive fire damage to leased commercial premises in Kandy amounted to a destruction sufficient to terminate the tenancy. It was held that the tenancy did not come to an end, as the premises had not been rendered completely unusable for their leased purpose, and continued occupation and resumption of business were established. The findings relied on prior precedents (including Giffry vs. De Silva, Samuel V. Mohideen, and Abeysinghe vs. Abeysekera), affirming that total destruction or absolute non-usability of leased premises is necessary to end a tenancy contract. The judgment clarified that partia