Gunapala v. Babynona – sllr 1986 volume 2 page 374

In the case between Gunapala (Plaintiff) and Babynona (Defendant), the court addressed whether a tenancy created by a lessor holding only a usufructuary (life) interest is terminated by the lessor’s death, and if a co-owner successor could eject the tenant for failure to attorn. It was held that a lease granted by a landlord possessing merely a life interest dissolves upon the landlord’s death, rendering subsequent occupation by the tenant wrongful in the absence of attornment. This holding reaffirmed the principle that a tenancy cannot subsist beyond the lifespan of a lessor with only a life interest. Reliance was placed upon authorities including Fernando v. Silva and Mohamed v. Public Trustee, underscoring that tenants in such circumstances must attorn to the remainderman or risk ejectm

REF: sllr 1986 volume 2 page 374 Category: Tag:
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