Niyagama Gamage Malani v. Rajapakse Gamaralage Gamini Rajapakse and Rita Hewavitharana – CA APPLICATION. NO.623/97 F -2016

The case between Niyagama Gamage Malani (Plaintiff/Respondent) and Rajapakse Gamaralage Gamini Rajapakse and Rita Hewavitharana (Defendants/Appellants) addressed the issue of entitlement to possession of a house and land leased by the Plaintiff from the National Housing Development Authority (NHDA). It was determined that the Plaintiff was entitled to possession as decreed by the District Court, based on the absence of a tenancy agreement and lack of legal standing on the part of the Defendants to challenge the Plaintiff’s lease. The principle reaffirmed is that only the NHDA may contest the Plaintiff’s title as lessee. This decision relied on the evidence of lease and communications with the NHDA, and dismissed Defendants’ limitation and standing defenses, emphasizing the exclusive rights