Palihapitiya Gamage Somapala Vs. Ven. Thalawe Sumanatissa Thero – CA CASE NO.400/2000-2015

The case between Ven. Thalawe Sumanatissa Thero (later substituted by Ven. Middeniye Indraratne Thero), Viharadhipathi, Kawantissa Raja Maha Viharaya, Pallegama, Embilipitiya, and Palihapitiya Gamage Somapala concerned whether a declaration of title and ejectment could be claimed over land based on an informal lease, and if relief for use and occupation could be granted when a notarially invalid lease exists. It was held that even though the lease was informal and not duly executed under the Prevention of Frauds Ordinance, the Plaintiff was entitled to ejectment and compensation for use and occupation, as the Defendant’s occupation arose by leave and license. The principle reaffirmed is that, where an action is founded on a contract of lease and the Defendant admits entry under the Plainti