Mrs Hyacinth Sita Seneviratne, Trustee of Dasanayake Trust vs K. I. Mohamed Marzook – CA NO. 555/2000-2013

In the case between Mrs. Hyacinth Sita Seneviratne, Dr. Mackingsley Gamini Dissanayake, and Sarathchandra Bandara Ehalepola Seneviratne (Trustees of the Dasanayake Trust) and K. I. Mohamed Marzook, Jailabdeen Jaleel, and others, the court addressed the issue of whether the 1st Defendant, as tenant, unlawfully sublet premises to the 2nd to 5th Defendants contrary to the Rent Act No. 7 of 1972, and whether this justified the Plaintiffs, as Trustees, seeking ejectment of all Defendants. It was held that the Plaintiffs had established a prima facie case of subletting, thereby shifting the evidential burden to the Defendants, who failed to rebut this claim. The key legal principle reaffirmed is that under the Rent Act, once a prima facie case of subletting is made, the evidential burden lies wi