Wilbert Jayanetti vs Shyamal Amith Kollure and others – CA WRIT APPLICATION NO: 344/2017-2021

In the case between Wilbert Jayanetti (as executor for B.F. Nivithigala, deceased tenant) and Shyamal Amith Kollure, Sarath Atukorale (Commissioner of National Housing), Sajith Premadasa, Mahinda Rajapakse, M.S.M. Samsudeen, and others, the court considered (1) whether substitution of a petitioner is permissible after the death of a tenant-applicant under Section 13 of the Ceiling on Housing Property Law, following the issuance of a Section 17 vesting order, and (2) the extent of property vested in the Commissioner pursuant to such an order. It was held that once a vesting order has been issued and a part payment accepted, the tenant’s right acquires a proprietary character and can be succeeded by heirs, allowing for substitution under the statute. Additionally, it was determined that stat