Dharmawardena v. Walwattage – sllr 1987 volume 1 page 057

In the case between Dharmawardena (plaintiff) and Walwattage (defendant), the court addressed the enforceability of a tenancy contract entered in contravention of statutory requirements under the Housing and Town Improvement Ordinance. It was determined that such a contract, tainted by statutory illegality on account of the absence of a proper certificate of conformity, could not confer legal rights. The principle “in pari delicto potior est conditio defendentis” was analyzed, but the findings established that public policy and the prevention of injustice sustained the granting of relief to the party with legal title, even where illegality was present. The appeal was allowed, and the order for ejectment issued with a postponement in the writ’s release. Key statutory provisions and common l