Fonseka v. Wijetunge – sllr 1984 volume 2 page 079

In the case between Plaintiff Fonseka and Defendant Wijetunge, the court addressed the issue of landlord-tenant responsibilities, specifically whether property damage constituted “wanton destruction” or “wilful damage” under section 12A (1)(d) of the Rent Restriction Act. It was held that the allegation of subletting remained unproven; instead, the evidence revealed deliberately inflicted damage including the driving of nine angle‑iron spikes into the shop’s southern wall and substantial impairment to the kitchen and shop floors. This conduct was determined to amount to “wilful damage” sufficiently serious to justify ejectment. The court reaffirmed the principle that under section 12A (1)(d), deliberate and significant property damage entitles the landlord to a decree in ejectment. The dec