Bastian v. Panagoda – sllr 1998 volume 3 page 173

In the case between the administratrix of the estate of Edwin Fernando (plaintiff) and Panagoda (defendant), the court addressed whether a tenancy contract can be established solely through the acceptance of rent after the owner’s explicit rejection of any tenancy relationship. The court held that mere acceptance of rent is insufficient to create a tenancy where the owner has unequivocally repudiated the alleged tenant’s claim, reaffirming the principle that mutual agreement on all essential particulars is necessary to form a tenancy. This decision relied on the evidentiary status of a certificate of tenancy—recognized as prima facie but rebuttable proof—emphasizing that documentary and other evidence can refute claims of tenancy. The appeal was ultimately dismissed, and costs were imposed