Wijekoon Herath Mudiyanselage Jayasinghe vs Wimalendra Jayamaha – SC APPEAL NO. 88/2003-2012

In the case between Wijekoon Herath Mudiyanselage Jayasinghe (plaintiff) and Wimalendra Jayamaha and Jayamaha Mudiyanselage Podibandara Deeson Jayamaha (defendants), the court addressed whether premises No. 181 was excluded from lease agreement No. 871 and if restoration of possession was warranted under Section 328 of the Civil Procedure Code following the execution of a consent judgment. The court determined that both premises No. 181 and the adjoining bare land (lot 5) were included in the lease agreement, setting aside the prior judgment of the Court of Appeal and reaffirming the District Court’s order of dismissal. This decision relied on the contents of the lease agreement and the related plan, establishing that there was no ambiguity regarding the leased property’s extent, and under