Musthapa Thamby Lebbe v. Ruwanpathirana – sllr 1988 volume 1 page 186

In the case between Musthapa Thamby Lebbe (Plaintiff-Appellant) and Ruwanpathirana (Defendant-Respondent), the court addressed whether the tenant’s demolition of a bucket latrine and its replacement with a water-sealed latrine constituted deterioration of the leased premises under section 22(1)(d) of the Rent Act No. 7 of 1972. The court held that such alterations did not amount to deterioration but instead constituted a useful improvement that enhanced the value of the premises, reaffirming the principle that “deterioration” requires demonstrable damage or worsening of the condition. Reliance was placed on relevant precedents, including W.A.S. de Silva v. L. Gooneratne, De Alwis v. Wijewardena, and De Zoysa v. De Silva, emphasizing that ejectment requires evidence of actual deterioration.