Jayasundera v. Dantanarayana and Another – sllr 1981 volume 1 page 001

In the case between Jayasundera (appellant) and Dantanarayana (respondent, with Eliyas as an interested party), the court addressed whether a landlord’s action for restoration of possession was barred by section 328(3) of the Civil Procedure Code when a tenant had surrendered possession. It was held that the surrender of possession by the tenant did not amount to a “transfer of property” within the meaning of the statute, thus not precluding the landlord’s remedy. The decision reaffirmed the principle that a mere surrender by a tenant, in the absence of more, does not constitute a legal transfer under section 328(3), and both landlord and tenant may simultaneously possess different rights in the premises. Emphasis was placed on the interpretation of statutory and common law principles rela