Subendranathan v. Dr. S. Ponnampalam – sllr 1985 volume 1 page 205

In the case between Subendranathan (landlord/appellant) and Dr. S. Ponnampalam (tenant/respondent), the court addressed the issue of whether the tenant had ceased to occupy the rented premises for a continuous period of at least six months under Section 28(1) of the Rent Act No. 7 of 1972, thereby entitling the landlord to seek ejectment. It was held that the continued occupation of the premises by the tenant’s wife and children constituted constructive occupation by the tenant. The action for ejectment was dismissed as the statutory six-month period of non-occupation had not been satisfied, reaffirming the principle that a tenant’s family’s occupancy is considered legal possession by the tenant. The decision referenced both local and English authorities, emphasizing the legal significance