Adriyan Jude Tissera vs Kaasirajange Udaya Kamar – CA 705/99F-2013

In the case between Adriyan Jude Tissera (Plaintiff/Respondent) and Kaasirajange Udaya Kamar (Defendant/Appellant), the court considered whether the defendant’s occupation of a co-owned property was unlawful and if reliance on permission from a non-party co-owner constituted a valid defense. The proceedings addressed the necessity of joining the alleged permitting co-owner as a party. The findings established that the failure to bring in the relevant co-owner was fatal to the defense, as reliance on alleged leave and license without joining the co-owner could not be sustained. The appeal was dismissed, reaffirming the principle that all necessary parties must be joined when a defense is based on the rights of an absent co-owner. The decision relied on procedural requirements for joinder of