Jayawardena v. De Vesser – sllr 2000 volume 3 page 357

In the case between the plaintiff-petitioner (respondent) and P. L. C. Jayawardena (deceased defendant), the court addressed whether the surviving spouse could succeed to the tenancy under Section 36 of the Rent Act following the death of the original tenant. A consent decree had previously been entered allowing the defendant to remain in occupation until his death and expressly barring heirs from occupying the premises thereafter. The issue arose when the plaintiff sought to substitute the petitioner for execution of the decree. It was determined that the consent decree created a contractual tenancy that terminated with the defendant’s death and did not attract statutory protection under Section 36 of the Rent Act. The court held that the surviving spouse could not claim tenancy rights un