Wickremanayaka and Another v. Jayasekera & Another – sllr 2002 volume 2 page 261

The case between Wickremanayaka and Another (landlord and representative) and Jayasekera & Another (tenant cultivator) addressed the interpretation of the Agrarian Services Act regarding the consequences of a tenant cultivator’s wilful neglect in cultivating a paddy field and the resulting rent arrears. It was determined that under Section 16A, liability to pay rent arises for wilful neglect, but the Act distinguishes between forfeiture procedures in Section 18(1) and automatic forfeiture in Section 18(2) upon non-payment of arrears. The decision established that forfeiture occurs automatically by operation of law under Section 18(2), without need for a commissioner’s separate act or order. Accordingly, a commissioner’s subsequent cancellation of a forfeiture warning is without legal effec