Virasinghe v. Virasinghe and Others – sllr 2002 volume 1 page 001

In the case between the Plaintiff-Appellant (represented by Virasinghe) and the Defendant-Respondents (notably the 4th defendant-respondent and the 1st and 2nd defendant-respondents as co-owners), the court addressed the issue of the validity of a lease executed after the registration of lis pendens under the Partition Law and whether such a void lease could nonetheless establish a monthly tenancy protected by the Rent Act. It was held that a lease deed executed post-lis pendens registration is void pursuant to sections 66(1) and (2) of the Partition Law; however, evidence supported the existence of a valid monthly tenancy preceding the lease, conferring Rent Act protection. The case reaffirmed that mere execution of a void document does not preclude the creation of a lawful tenancy by con