M T Sithy Fathima vs Damayanthi Perera – CA APPEAL No: 976/96F -2011

In the case between M T Sithy Fathima (Plaintiff-Appellant) and Damayanthi Perera (Defendant-Respondent), the court addressed whether a plaintiff, as a tenant under the National Housing Authority, is entitled to maintain an action for a declaration of title against the respondent. It was held that such an action is not maintainable in these circumstances, reaffirming the principle that a tenant under statutory authority lacks the legal standing to claim declaration of title over the tenanted property. This decision relied on the proper application of relevant statutory provisions concerning the rights of tenants and emphasized that a dismissal is warranted where no error in the original judgment is identified.

A W Abdus Salam J. — The findings established that the District Judge correc