Nandawathie Silva v. Manuratne – sllr 2002 volume 3 page 201

In the case between Nandawathie Silva and Manuratna, the court addressed whether a tenant may contract out of the statutory protection accorded under the Rent Act and whether a conditional agreement to vacate the premises can provide a lawful basis for an ejectment order. It was held that the statutory protection for tenants under the Rent Act persists until possession is either surrendered or taken away by order of a competent court, and therefore, an undertaking or conditional agreement to vacate the premises cannot by itself justify ejectment. The principle reaffirmed is that statutory tenant rights cannot be surrendered by mere agreement absent statutory compliance, citing the requirements under the Prevention of Frauds Ordinance. The decision emphasized that such statutory protection