Wijeratne v. Gunasekere – sllr 1997 volume 2 page 291

In Wijeratne v. Gunasekere, the court addressed whether the “five years’ rent” under section 22(2)(bb)(ii) of the Rent Act should be computed based on the agreed rental or the authorised rent, and whether section 22(7) of the Rent Act bars the action due to the timing and mode of property acquisition. It was held that the calculation must be on the basis of the agreed rent unless it exceeds the authorised rent, and that the statutory bar under section 22(7) precludes the landlord’s action since the premises were acquired after the specified date, affirming that legislative intent and statutory wording rule out the action under these circumstances. The decision emphasized careful statutory interpretation and the importance of tenancy chronology in applying the Rent Act.

Wigneswaran J. —