Mohamed Subair Mohamed Navaz and Subair Lebbe Mohamed Naufer vs Victor Kalansooriya – CA 741/92-2014
In the case between Mohamed Subair Mohamed Navaz and others (Plaintiff Appellants) and Victor Kalansooriya (Defendant Respondent), the court addressed whether the Defendant Respondent was in occupation of the disputed premises as a statutory tenant protected by tenancy laws or merely by leave and licence, subject to revocation by the owners. It was held that the Defendant occupied the premises as a statutory tenant, not merely by leave and licence, and thus could not be ejected unless the tenancy was lawfully terminated, reaffirming the principle that tenancy protection under the Rent Act prevails unless due legal process is followed for termination. The decision relied on the relevant provisions of the Rent Act, underscoring that an owner’s title alone does not suffice for ejectment witho

