Sitty Januba Thahir vs H.P. Waidyaratne Wijegunatilake – CA NO. 236/2000 F-2012

In the case between Sitty Januba Thahir (Plaintiff) and Ramaiah Dhanapakyyam (2nd Defendant-Appellant) among others, the court addressed whether the plaintiff was entitled to a declaration of ownership and recovery of possession of the disputed premises, and whether the 2nd defendant, originally a tenant, could claim statutory protection under the Rent Act or resist eviction based on a new deed. It was held that the plaintiff failed to adequately establish title to the property and the identity of the premises (corpus), and that the 2nd defendant retained statutory tenancy protections under the Rent Act. Reliance was placed on Section 22 of the Rent Act and on established precedent, underscoring that a tenant cannot be ejected in a rei vindicatio action so long as statutory tenancy persist