Hettiarachchige Nirosha Chinthamani Ariyadasa vs Jagath Udaya Samarawickrama – SC APPEAL 166/2016-2024

In the case between Jagath Udaya Samarawickrama (Plaintiff) and Hettiarachchige Ariyadasa, Thisa Walangu Mudiyanselage Nandawathi Kumarihami, People’s Bank, and substituted defendants (Defendants), the court addressed the issue of whether the lease agreement required delivery of not just physical but also peaceful possession of the premises to the lessee, and whether the failure to provide peaceful possession due to undisclosed mortgage and foreclosure proceedings constituted a breach by the lessor. It was held that the lessor’s obligation extends to ensuring peaceful possession suitable for the lessee’s intended use, and that nondisclosure of the mortgage and ongoing foreclosure compromised the plaintiff’s ability to lawfully operate business activities on the premises. The decision reite