P Elmo Sriyantha Fernando vs P A Piyadasa – CA 878/96 F-2011

The case between P Elmo Sriyantha Fernando (Plaintiff-Appellant) and P A Piyadasa (Defendant-Respondent) addressed the issue of whether a valid tender of arrears of rent had been made by the defendant-respondent, thereby obligating the plaintiff to withdraw the action under section 22(3)(c) of the Rent Act. It was held that a valid tender took place on the relevant date, upholding the dismissal of the action. The principle reaffirmed that, where a valid tender of arrears is made in compliance with statutory provisions, the landlord cannot maintain an action for ejectment based on arrears. Reliance was placed on the factual findings of the lower courts and the provisions of the Rent Act, underscoring the definitive effect of a valid tender of arrears of rent in such circumstances.

A.W.A. S