Jayasinghe v. Somaratne – sllr 1997 volume 1 page 346

In the case between Jayasinghe (landlord, plaintiff) and Somaratne (tenant, defendant), the court addressed whether the landlord reasonably required the premises for residential occupation as stipulated under section 22(1)(b) of the Rent Act. It was held that the District Court’s finding in favor of the landlord was correct and that the Court of Appeal, having misdirected itself on key factual assessments regarding the plaintiff’s intent and the requirement of the premises, occasioned a miscarriage of justice. The principle reaffirmed is that the reasonableness of the requirement must be determined as at the date of instituting the action and during trial, and inconsistencies in the plaintiff’s evidence must be considered within the overall context. Reliance was placed on the construction

REF: sllr 1997 volume 1 page 346 Category: Tag:
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