Vithanage vs. Commissioner of National Housing and Others – sllr 2019 volume 3 page 197

In Vithanage (successor in title to Peiris Appuhamy) v. The Commissioner of National Housing and others (including the heirs of Weerasekara, the former tenant), the court addressed the determination of the extent of land reasonably appurtenant to house No. 5/1 under the Ceiling on Housing Property Law. It was held that the Commissioner’s decision based solely on a preliminary partition plan and without a hearing for all interested parties was procedurally flawed. The holding reaffirmed the principle that a statutory authority must observe fair hearing requirements and adhere to procedural safeguards when determining property rights under the relevant statutes. The decision relied on sections 16(1) and 39(1) of the Ceiling on Housing Property Law and applicable case law, underscoring that f