After a protracted legal battle spanning 21 years, the Supreme Court has delivered a decisive judgement against an overholding tenant who continued to occupy a property following the expiration of their rental agreement
In a landmark ruling, the Supreme Court has brought closure to a 21-year legal saga, delivering a resounding judgement against an overholding tenant who prolonged their occupancy of a property beyond the terms of their rental agreement.
The plaintiffs, Bopage Martin and Indrani Bopage, initiated legal proceedings in 2003 before the Anuradhapura District Court, seeking the ejectment of three defendants from the premises known as ‘New Lanka Stores’ in Horawpathana town. The defendants, Mohamed Malikge Nawaz, Mohamed Malikge Riyaz, and Mohamed Malikge Farees, contested the plaintiffs’ claims, prompting a protracted legal battle that spanned over two decades.
The crux of the dispute centered on the defendants’ continued occupation of the premises despite the expiry of their rental agreement. Despite numerous attempts by the plaintiffs to terminate the tenancy and reclaim possession of the property, the defendants steadfastly refused to comply, prompting legal intervention.
Following a series of legal proceedings, the Supreme Court delivered a decisive judgement, affirming the plaintiffs’ right to eject the defendants from the premises. Justice Mahinda Samayawardhena, in his observations, underscored the clear contractual breach on the part of the defendants and dispelled any ambiguity regarding the identification of the subject property.
The three-judge bench, comprising Justices Gamini Amaraekara, Mahinda Samayawardhena, and Yasantha Kodagoda, unequivocally declared the defendants’ possession as unlawful since 2003. In addition to the eviction order, the defendants were directed to reimburse the plaintiffs with Rs. 600,000 in legal costs, signaling the culmination of a protracted legal battle and the restoration of justice to the aggrieved parties.
