K.A. Somapala vs M. Albert – CA APPEAL NO. 108/98-2013

The case between K.A. Somapala and M. Albert addressed the issue of entitlement to possession of certain premises and a claim for damages due to occupation by the defendant. The court held that no order of eviction may be made due to protections accorded under the Rent Act No. 7 of 1972, and confined its determination to the plaintiff’s claim for damages. The agreement reached between the parties led to an order for the defendant to pay the claimed sum of damages, reaffirming the principle that where legal protections bar eviction, ancillary claims such as damages may still be resolved by agreement without affecting civil rights. The judgment emphasized the finality of such orders when entered by consent, in accordance with principles of civil procedure.

K.T.Chitrasiri J. — The findings