Sumithra Perera vs Somasiri Karunasena Kariyawasam – CA 07/97 F -2013

The case between Sumithra Perera (Plaintiff/Appellant) and Somasiri Karunasena Kariyawasam, trading as Electro Mechanics (Defendant/Respondent), addressed the issue of whether the Defendant/Respondent was in arrears of rent for leased premises, and whether the Plaintiff/Appellant was entitled to eject the Defendant/Respondent and recover damages. It was held that the Defendant/Respondent had paid all rents due and was not in arrears, invalidating the grounds for ejection and damages. The principle reaffirmed was that the right to eject a tenant for arrears of rent is contingent upon clear proof of nonpayment. The decision relied upon a review of rent receipts and admissions, emphasizing that advance payments, when acknowledged, defeat claims of rent arrears.

Upaly Abeyrathne J. — It was