Jayakody Arachchige Don Udayasiri Jayakody and Jayakody Arachchige Dona Magilina Chandrawathie Jayakody vs Hettiarachchige Wijedasa – CA NO. 41/2000 F-2013

In the case between Jayakody Arachchige Don Udayasiri Jayakody and Jayakody Arachchige Dona Magilina Chandrawathie Jayakody (Plaintiffs) and Hettiarachchige Wijedasa (Defendant), the court addressed whether the Defendant, after the expiry of a formal lease, remained a lawful tenant or became a trespasser, and whether statutory tenancy under the Rent Act No. 7 of 1972 could be claimed. It was held that continued occupation without payment or deposit of rent following the expiration of the lease did not confer protection under the Rent Act and rendered the Defendant a trespasser, subject to ejectment. This decision reaffirmed the principle that statutory tenancy requires the actual payment or tender of rent, as informed by relevant statutes and authoritative case law, emphasizing that mere p