Esabella Perera Hamine v. Emalia Perera Hamine – sllr 1990 volume 1 page 008

In the case between Esabella Perera Hamine (Plaintiff/Appellant) and Emalia Perera Hamine (Defendant/Respondent), the court addressed the validity of an eviction order issued under section 52(1) of the Partition Law without compliance with the statutory requirement for notice and a hearing as prescribed by section 52(2). It was held that the eviction order was void due to non-compliance with mandatory procedural safeguards, thereby depriving the court of jurisdiction. The principle reaffirmed is that a breach of natural justice—specifically the right to be heard—renders an order void for want of jurisdiction. Reliance was placed on section 839 of the Civil Procedure Code to invoke the court’s inherent jurisdiction, permitting restoration of possession despite the existence of a specific st