Edirisinghe v. Charlis Singho – sllr 2000 volume 3 page 380

In Edirisinghe v. Charlis Singho, the court addressed whether a tenant’s act of signing a deed of transfer as an attesting witness constituted a surrender of tenancy rights and if such conduct amounted to eviction—required for the Commissioner of Agrarian Services to restore possession under the Agrarian Services Act. It was held that the tenant’s explicit consent to the deed equated to a surrender or waiver, not mere abandonment, of rights. As no wrongful eviction occurred, the Commissioner’s restoration order was ultra vires and set aside. The judgment reaffirms the principle that only a clear act of eviction, not voluntary relinquishment, triggers statutory restoration rights. The decision underscores the statutory thresholds for the Commissioner’s jurisdiction and clarifies the legal d