Perakum Dissanayakage Jayasuriya vs. K. M. Tharanganee Mallika Kumari – SC APPEAL NO.07/2016-2016

In the case between K. M. Tharanganee Mallika Kumari (Plaintiff-Appellant-Respondent) and Perakum Dissanayakage Jayasuriya (1st Defendant-Respondent-Petitioner) with Dissanayake Mudiyanselage Gunathilaka (2nd Defendant-Respondent-Respondent), the court addressed whether unlawful subletting of premises—absent the landlord’s written consent—disentitles the landlord from securing ejectment, especially where landlord conduct might be alleged to amount to waiver or condonation under Section 10(5) of the Rent Act. It was held that subletting without prior written consent constitutes a breach entitling the landlord to recover possession unless clear evidence demonstrates waiver or condonation by the landlord. The findings established that mere knowledge or passive conduct does not suffice for wai