Wikum Nawagamuwage vs R. D. Upasena – CA NO. 824/2000 F-2013

The case between Wikum Nawagamuwage (Plaintiff/Appellant) and R. D. Upasena (Defendant/Respondent) addressed the issue of whether the Plaintiff was entitled to a declaration of title and ejectment of the Defendant from certain premises, and whether the Defendant was entitled to statutory protection as a tenant under the Rent Act No. 7 of 1972. It was held that the Plaintiff had established title through proper documentation and notice, and the Defendant’s refusal to attorn to the Plaintiff resulted in a forfeiture of his tenancy rights, rendering him a trespasser. The principle reaffirmed is that a tenant who refuses to recognize a transferee-landlord after due notice ceases to enjoy statutory tenancy protection. This decision relied on established legal precedent (such as Cassim Hadjiar v