Nihal Ranjith Weerawarna vs Hubert Walter Tschope – CA NO. 263/1997-2011

The case between Hubert Walter Tschope (Plaintiff-Respondent) and Nihal Ranjith Weerawarna (Defendant-Appellant) addressed the issue of entitlement to possess a land and building under a 99-year lease, including the right to seek eviction and damages. It was held that the Plaintiff is entitled to continued possession until 24.12.2080 pursuant to the lease, and that the lease remains valid. The principle reaffirmed is that claims arising from written contracts are governed by the specific prescriptive period for such contracts, rather than the general provision for possessory actions. Reliance was placed on the Prescription Ordinance, relevant case law, and provisions of the Civil Procedure Code, with emphasis placed on sufficiency of description and evidentiary proof of payment. The key ta