P.H. Geeganage Ariyathillake v. S. Joshihamy and P. Muhandiramge Premalatha – CA APPEAL NO. 29/95-1995

The case between P.H. Geeganage Ariyathillake (Plaintiff) and S. Joshihamy, later substituted by P. Muhandiramge Premalatha (Defendant), involved the issue of whether the defendant could be ejected from the premises following the termination of a tenancy agreement and whether the premises were subject to the Rent Act of Sri Lanka. It was held that the plaintiff failed to prove the premises were outside the application of the Rent Act, and as such, the requirements for ejectment under ordinary law were not satisfied. The principle reaffirmed is that the burden rests on the party seeking ejectment to prove that the premises are not covered by the Rent Act, relying on Section 2 of the Rent Act and related judicial reasoning. This decision underscores the necessity of presenting evidence to es