Suriyaratchi v. Seneviratne and Others – sllr 2001 volume 3 page 370

The case between Suriyaratchi (Plaintiff) and Senerviratne and Others (Defendants) addressed the issue of whether the Rent Board of Review possessed jurisdiction to overturn the Rent Board’s decision to grant a certificate of tenancy. It was held that the determination of tenancy constitutes a jurisdictional fact, the existence of which is necessary for the Rent Board’s authority to adjudicate such matters. The court reaffirmed the principle that appellate tribunals may only intervene in findings where a misapplication of law regarding jurisdictional facts is established, with reference to established legal principles distinguishing jurisdictional from non-jurisdictional facts. The decision underscores that where a lower tribunal misconstrues essential jurisdictional facts, any order made