Fauz v. Gyi and Others – sllr 1999 volume 3 page 345

In the case between M. L. M. Fauz (defendant-petitioner) and the heirs of M. N. M. M. Thaha (plaintiff-respondents, including Noorul Masaina Gyi and Illiyas Arthur Gyi), the court considered the validity of the defendant’s tenancy claim based on attornment and the availability of remedies following disputes over possession and title of business premises at Old Moor Street, Colombo 12. It was held that the defendant-petitioner failed to establish a legitimate tenancy right or demonstrate material evidence of substantial loss to support a stay of execution. The principle reaffirmed is that a stay of writ or further relief pending appeal requires demonstrable loss and factual support beyond mere legal argument. Reliance was placed on established property, tenancy law, and procedural requireme