M.C. Fernando and others Vs. T.W. Tilakaratne – CA 1277/96-2012

In the case between T.W. Tilakaratne (plaintiff-respondent) and M.C. Fernando and K.A. Richard Silva (defendant-appellants), the court examined the existence and validity of a tenancy contract, the plaintiff’s title, and right to possession of premises. It was held that the plaintiff had established a tenancy relationship with the 1st defendant through credible documentary evidence (including PI and P1) and that the denial of tenancy by the defendants constituted a repudiation of the contract, thereby precluding them from contesting the plaintiff’s title. This determination reaffirmed the legal principle that a tenant who denies tenancy must surrender possession before disputing proprietary rights, as established in cases such as K Hassan Vs A O Nagria and Reginal Fernando Vs Pabilinahamy.