S. R. Sulthan vs Charlis Kalansuriya – CA NO.978/98-2014

In S. R. Sulthan v. I.B. Upali Seneviratna Kalansuriya and others, the court addressed whether the premises allegedly sublet by the defendant fell within the scope of the tenancy and whether the alleged subletting justified eviction and damages under the Rent Act No. 07 of 1972. It was held that the rear section in dispute (schedule “B”) constituted a distinct unit, separately assessed and occupied on the authority of the plaintiff’s brother, and not part of the defendant’s leasehold at the relevant time. Further, any alleged subletting occurred prior to the Rent Act’s commencement, rendering the statutory grounds for eviction unavailable. The decision reaffirmed the principle that appellate intervention is warranted where a trial court’s findings are perverse or irrational, applying autho