Mohideen vs. Ratnayake and Others – sllr 2019 volume 3 page 578

The case between Mohideen (Petitioner) and Ratnayake (Respondent) considered whether the statutory right to apply for the purchase of a house under Section 13A of the Ceiling on Housing Property Law is a personal right of the tenant or one that transfers to the tenant’s heirs upon death. It was determined that this right is strictly personal and does not extend to heirs, reaffirming the principle that rights conferred by Section 13A are not transferable posthumously. The decision closely analyzed the statutory provisions and legal precedents, emphasizing that substitution of an heir for the deceased tenant is impermissible and that orders made by the Board of Review in such circumstances are ultra vires and void.

Obeysekere J. — It was established that Section 13A of the Ceiling on Housi