Fernando v. Edward Soysa – sllr 1995 volume 2 page 184

In the case between Fernando (Plaintiff-Respondent, owner of premises Nos. 29/1 and 29/2, Visaka Road) and Edward Soysa (Defendant-Appellant, tenant), the principal issue concerned the subsistence of a contract of tenancy following the demolition of approximately three-quarters of the leased premises. It was held that the contract of tenancy was frustrated once most of the premises had been demolished, such that the remaining portion, even with temporary additions, no longer met the statutory definition of “premises” within the meaning of the Rent Act. The principle reaffirmed is that the rights arising under a contract of tenancy cannot survive when the essential subject matter of the lease ceases to exist. Reliance was placed on statutory interpretation of Section 48 of the Rent Act and