B. De Silva vs B.D.Karunathilaka – CA NO.1007/95-2011

In the case between N. De Silva (substituted plaintiff/appellant) and B.D. Karunathilaka (defendant/respondent), the court addressed whether rent payments made by the defendant to the Local Authority under the name of the deceased landlord satisfied the obligations under Section 21 of the Rent Act No. 7 of 1972, and whether arrears of rent justified lawful ejection. It was held that deposits made in the name of a deceased landlord do not discharge the tenant’s obligation where attornment with the living landlord is established. The principle reaffirmed is that payments must be made to, or on behalf of, the actual landlord to validly discharge rent obligations. Reliance was placed on prior judgments including D.M.J. De Silva v Mallika Perera and Gunasekera v Jinadasa, emphasizing that payme