DR Wasinton Perera vs B V Siridasa – CA 1169/95 F-2011

In the case between Dr. Wasinton Perera (Plaintiff-Appellant) and B V Siridasa (Defendant-Respondent), the court addressed the issue of whether the defendant’s occupation of the premises was under lawful tenancy or as an unauthorized occupant, specifically examining if the premises constituted an unauthorized construction precluding a lawful tenancy. It was held that the plaintiff had not sufficiently demonstrated that the construction was unauthorized, reaffirming the principle that the burden of proof rests on the party alleging the existence of an illegality to void contractual relations. This decision relied on principles of contract and property law, emphasizing that mere occupation with rent payment and acknowledged ownership constitutes lawful tenancy in the absence of proven illega