R. A. Senanayake vs R. B. L. E Wijesooriya – S. C. APPEAL NO. 52/2003-2009

In the case between R. A. Senanayake (owner/appellant) and the Commissioner for National Housing along with the tenant of the surplus house (respondents), the court addressed the legality and validity of a divestment order concerning premises No. 43 2/2, Gregory’s Road, under the Ceiling on Housing Property Law. The primary issue was whether the Commissioner for National Housing had authority to divest a second surplus house following the birth of a child (Pascal), after already divesting one house for the same reason. The court held that the Commissioner’s divestment of the first surplus house (premises 43 2/1) was valid under Section 11(3), but that the subsequent order affecting a second house (premises 43 2/2) was ultra vires and lacked jurisdiction, especially given the misapplication