Kariyawasam Bendigodagamage Premawathi Vs Mahavithanage Dona Engalthinahamy (deceased) – SC APPEAL 212/2014-2021

Brief
In the case between Kariyawasam Bendigodagamage Premawathi (Appellant) and the substituted defendant Paranavithanage Don Jayathilake Perera (Respondent), the Supreme Court examined the propriety of bringing a vindicatory suit to recover possession of premises following the death of the original tenant, under the statutory framework of the Rent Act. It was determined that the continued payment of rent in the name of the deceased tenant constituted lawful succession, and the vindicatory action was not maintainable due to the operation of statutory tenancy rights. This decision reaffirmed the principle that upon the death of a statutory tenant, tenancy may continue for qualifying successors without the requirement for attornment or formal notice. The holding was based primarily on Secti