Siriwardena v. Hewage – sllr 1997 volume 3 page 057

In the case between Siriwardena (landlord) and Hewage (tenant), with an added defendant, the court addressed the issue of whether sufficient evidence existed to establish that the tenant sub-let a defined and exclusively occupied portion of the premises, as contemplated under section 9 of the Rent Restriction Act. The court held that the evidence presented did not establish that the added defendant was in exclusive occupation of any separate portion of the property, thereby failing to satisfy the statutory requirements for ejectment on grounds of subletting. This decision reaffirmed the principle that substantive, reliable proof is necessary to demonstrate exclusive occupation required for a finding of unlawful subletting. Reliance was placed on an assessment of both documentary and testim