Jayakody v. Lilian Perera – sllr 1993 volume 2 page 074
In JAYAKODY v. LILIAN PERERA, the court addressed whether a tenant could set off repair costs against rent arrears by relying on a Rent Board order under section 13 of the Rent Act and whether the deposit of Rs. 1500 at the time of summons constituted a valid tender of arrears under section 22(3)(c) of the Rent Act. The findings established that, as the Rent Board’s order had been previously quashed and no valid order existed at the relevant time, the defense based on it was not maintainable. It was further determined that the deposit made in court did not amount to a valid tender as required by statute. Emphasis was placed on strict compliance with evidentiary and procedural requirements regarding the production of valid orders and tendering of arrears. The appeal was dismissed, with an e

