Nahalle Indrasiri Thero v. K. Kumarasiri – CA 282/2007-2011

In the case between Nahalle Indrasiri Thero (Substituted-Plaintiff-Respondent-Petitioner) and K. Kumarasiri (Petitioner-Respondent), the court addressed whether a lessee of bare land, who had erected structures and operated a business thereon, was entitled to notice under section 52(2) of the Partition Law before being evicted pursuant to a partition decree. It was held that the nature of the lease, being for bare land only and not for premises or a house, did not create a tenancy protected under the relevant statutes. The court reaffirmed the principle that a lease of land, without specific reference to premises, does not confer additional rights of notice or possession on the lessee under section 52(2) of the Partition Law. Reliance was placed on statutory interpretation, including the P