Sahibi Marikkar Mohomed Ismail Marikkar vs AAT.Ogastic Basil Markas De Alwis – CA NO.453/98 F -2013

The case between Sahibi Marikkar Mohomed Ismail Marikkar (plaintiff) and AAT. Ogastic Basil Markas De Alwis (defendant) addressed the issue of whether the plaintiff was entitled to obtain possession of the premises from the defendant on the grounds of failure to attorn to the plaintiff’s ownership and arrears of rent. It was held that the plaintiff’s title, acquired by deed on 13.11.1993 and communicated through proper notice (P5), was not controverted, and the defendant’s continued occupation without rent payment constituted grounds for eviction. The principle reaffirmed is that lawful title and proper notice entitle a landlord to possession against a tenant who fails to recognize ownership and is in arrears. The decision relied on the sufficiency of evidentiary proof of notice and arrear