Wimala Perera vs Kalyani Sriyalatha – sllr 2011 volume 1 page 182

In the case between the Plaintiff (Appellant), who originally granted the leave and license, and the Defendant (Respondent), the Supreme Court addressed the issue of whether a lessee or licensee may dispute the landlord’s title by refusing to vacate after the termination of an agreement. It was held that a person in possession as a tenant or licensee must first relinquish possession before being entitled to question the title of the landlord in concurrent litigation. The legal validity and binding effect of the leave and license agreement (Document P1) were also examined, with the findings establishing that the Appellant’s evidence was inconsistent and did not establish a legally binding contract. The decision reaffirmed the principle that possession must first be restored before the dispu