Charlotte Perera v. Thambiah and Another – sllr 1983 volume 1 page 352

The case between Charlotte Perera (landlord/appellant) and Thambiah and another (tenant/respondent and sub-tenant/respondent) addressed whether execution pending appeal should be allowed in an ejectment action based on unlawful sub-letting under section 10(5) of the Rent Act No. 7 of 1972. It was held that execution pending appeal should be stayed, as the balance of hardship weighed in favor of the tenant, who faced substantial and irreparable loss if ejected before determination of the appeal. The principle reaffirmed was that execution pending appeal may be stayed where substantial loss may result to the party applying unless a stay is granted, particularly where the available legal remedies are insufficient to mitigate irreversible consequences. This decision relied upon the interpretat