Samad v. Samsudeen and Another – sllr 2003 volume 2 page 234

In the case between SAMAD (plaintiff-respondent) and SAMSUDEEN and another (defendants-appellants), the court addressed the classification of premises under the Rent Act (No. 7 of 1972), the implications of the tenant’s non-occupation for over six months, and allegations of unlawful sub-letting as grounds for ejectment. It was held that the premises, having been used residentially prior to the commencement of the Rent Act, fall within the purview of section 12(1), obligating continued residential use unless a lawful change is authorized. The court determined that sufficient evidence substantiated claims of the tenant’s non-occupation and continuing unlawful sub-letting, rendering such actions actionable regardless of a previous decree due to the ongoing nature of sub-letting. The appellate