Sangadasa v. Hussain and Another – sllr 1999 volume 2 page 395

In the case between Sangadasa (Plaintiff) and Hussain and Another (Defendants), the court addressed the issue of whether the tenant’s subletting of rent-controlled business premises without the landlord’s consent had been sufficiently established by a prima facie case. The court held that upon such prima facie proof, the burden of explanation shifted to the tenant, and that exclusive possession by the alleged subtenant is a determinative factor in identifying subletting. The findings established that the notarially executed partnership agreement was a sham intended to mask an illicit subletting arrangement. The appeal succeeded in favor of the plaintiff, reaffirming that the evidentiary burden and genuine nature of transactional documents are critical in rent control and subletting dispute