Robert Silva v. Goonewardena and Another – sllr 1991 volume 2 page 053

In the case between Robert Silva (Plaintiff) and Goonewardena and Another (Defendants), the court addressed the issue of whether the inclusion of a subtenant with the tenant in an ejectment action arising from alleged subletting constitutes a misjoinder of parties and causes of action. It was held that such a joinder is not a misjoinder, reaffirming the principle that both tenant and subtenant may be properly joined in proceedings for ejectment based on alleged subletting. This decision relied on precedents including Ibrahim Saibo v. Mansoor and L.K. Perera v. Tikiriyadura Sarath de Zoysa, emphasizing that once a revision application on such grounds has been dismissed on its merits, a subsequent application for leave to appeal is not maintainable.

Edussuriya J. — The findings established