Ven. Thanamalvila Gunaratna Thero vs. Sisira Wijesiriwardena – CA 909/97 F -1997

In the case between Ven. Thanamalvila Gunaratna Thero (Substituted-Plaintiff-Appellant-Petitioner, Viharadhipathi of Sri Kawantissa Raja Maha Viharaya, Pallegama, Embilipitiya) and Sisira Wijesiriwardena (Defendant/Defendant-Respondent, later substituted by his heirs), the court addressed whether the plaintiff, as the Chief Incumbent of a Buddhist temple, was entitled to a declaration of title, ejectment of the defendant from temple property, and damages due to overholding after the expiry of a lease. The court held that the defendant was precluded from disputing the plaintiff’s title under the legal doctrines applicable to lessors and lessees, awarded the relief sought including costs, and set aside the earlier District Court decision. The decision reaffirmed the principle that a lessee c