Tissera vs. Magdaline – SC APPEAL NO. 103/2005-2017

In the case between Madampiti Hettiarachchige Cyril Norbet Tissera (Plaintiff-Creditor / Petitioner-Appellant) and Filicia Mary Magdaline (Substituted-Defendant / Respondent), the court addressed whether alternative accommodation offered on a rent-purchase basis qualified as suitable “alternate accommodation” under Section 22(1)(c) of the Rent Act. The main legal question pertained to the applicability of the precedent established in Mowjood Vs. Pussadeniya and its relevance to the current facts, especially concerning the sufficiency and form of alternative accommodation. It was determined that the alternative accommodation did not fully conform to the requirements of a traditional tenancy, and thus, direct application of Mowjood Vs. Pussadeniya was inappropriate given factual and statutor