Kamala Perera v. Llyanapathirana – sllr 2007 volume 1 page 266

In the case between Kamala Perera (landlord) and Lliyanapathirana (tenant), the court addressed whether the tenant’s absence from the rented premises—despite the continued presence of her mother and sister—constituted “constructive occupation” under Section 28 of the Rent Act, thus providing a reasonable cause to prevent eviction. It was held that such absence did not amount to constructive occupation where the landlord had not been informed, and unauthorized occupancy by outsiders was demonstrated. The decision reaffirmed that actual or lawful occupation by or with the tenant’s knowledge and landlord’s consent is necessary for statutory protection against eviction. The ruling relied on the statutory requirements under the Rent Act and precedents, signifying that mere presence of family me