Kariyawasam Haputanthri Gamage Mahinda Padmasiri v. M.G. Donald Thalgaswala – CA CASE NO. 1299/2000-2000

The case between Kariyawasam Haputanthri Gamage Mahinda Padmasiri (Plaintiff) and M.G. Donald (Defendant) addressed the issue of whether an ex parte judgment entered against the Defendant—who was absent at trial allegedly due to injury—should be set aside, and whether the Plaintiff established legal entitlement to ejectment, arrears of rent, and damages, in the context of ownership and evidentiary requirements. It was held that the Defendant’s explanations for non-appearance were not credible, and that the Plaintiff’s entitlement to relief was supported by the lessor-lessee relationship and correspondence between the parties. The principle reaffirmed is that, under Section 116 of the Evidence Ordinance, a tenant is estopped from denying the landlord’s title during the lease. The decision w