Ariyaratne v. Sunil – CA NO: 869/97 F -1997

The case between K. Ariyaratne (Plaintiff–Appellant) and S. Sunil (Defendant–Respondent) concerned whether the Defendant occupied the subject premises as a protected tenant under the Rent Act or merely as a licensee, thus determining the propriety of the Plaintiff’s action for ejectment through Rei Vindicatio. The court determined that the Defendant was protected as a statutory tenant under the Rent Act and could not be summarily ejected based solely on the Plaintiff’s title to the premises. The holding reaffirmed that in Rei Vindicatio actions, while proof of title by the Plaintiff shifts the burden to the Defendant to demonstrate lawful possession, statutory tenant protections under the Rent Act prevail if tenancy is established. The decision relied on Theivandran v. Ramanathan Chettiar