Wijebahu v. Sumanasekara and Others – sllr 1998 volume 3 page 355

In the case between Wijebahu (Plaintiff/Appellant) and Sumanasekara and others (Defendants/Respondents), the issue concerned the validity of a tenant’s application to purchase a leased house under Section 13 of the Ceiling on Housing Property Law when such application was made against a deceased or non-existent owner. The findings established that the application was void ab initio due to a fundamental defect in naming a deceased owner. It was further determined that the enactment of Act No. 4 of 1988, which removed tenants’ rights to purchase houses after 1 January 1987, was applicable, thereby barring any claim based on the flawed application. The decision reaffirmed the principle that legal rights to purchase under the said law must be exercised against a living, correctly-identified ow