Katagodage Dona Vijitha Mallika vs Buddini Chintha Wickrama Surendra – CA/RII/0061/2024-2025

The case between Buddini Chintha Wickrama Surendra (plaintiff-respondent) and Katagodage Dona Vijitha Mallika (defendant-petitioner) addressed the validity of a decree nisi relating to the eviction and termination of a lease agreement. It was held that the application for Restitutio-in-Integrum under Article 138 of the Constitution was not justified, as the evidence supported the lawfulness of the lease termination and the granting of the decree nisi. The case reaffirmed the principle that a party must challenge adverse decisions at the earliest procedural opportunity and provide substantiating evidence to support any claim of legal error. Reliance was placed on the Recovery of Possession of Premises Given on Lease Act and relevant procedural rules, emphasizing that procedural defaults and

REF: CA/RII/0061/2024-2025 Category: Tag:
Scroll to Top