Annaratnam Thangarajah nee Sinnatamby vs Ratnayake Padmawathi Ramaiah – SC APPEAL 167/2013-2024

In the case between Annaratnam Thangarajah (nee Sinnatamby) and Wijeshanthi Thangaraja (Appellants) and Ratnayake Padmawathi Ramaiah (Respondent), the Supreme Court addressed the issue of lawful possession and the effect of refusal to attorn in a property dispute under the Rent Act. The holding determined that the refusal by the respondent’s husband to attorn and the continued occupation without payment of rent to the new owners amounted to unlawful occupation and established trespasser status. The principle reaffirmed was that refusal to attorn and non-payment of rent after title has lawfully passed supports a finding of unlawful occupation, not protected tenancy. The decision relied on analysis of the evidentiary record, statutes governing transfer of title, and established principles un