District Court directs Naveen Ceramic to hand over Kotahena showroom back to landlady

Friday, 30 August 2013 02:38 - - {{hitsCtrl.values.hits}}

When the case filed by Aynul Hareeza, the landlady of the business premises situated at 305, George R. De Silva Mawatha, Kotahena, against Naveen Ceramic, the defendant in this case, was taken up before Additional District Judge of Colombo Harsha Setunga on 21

August 2013. The Counsel appearing for Naveen Ceramic undertook to vacate and hand over the vacant and peaceful possession of the above mentioned premises situated in Kotahena to Aynul Hareeza on or before 21 October 2013. The Counsel for Naveen Ceramic further undertook to settle all outstanding rental payments due along with all utility bills up to 21 October 2013. The District Court of Colombo had previously issued an enjoining order on 6 August 2013, preventing and restraining Naveen Ceramics Ltd. from operating its showroom at Kotahena with immediate effect, pursuant to an action filed by the said landlady of the said premises. The Plaintiff landlady pleaded in her plaint that Naveen Ceramic and she entered into a lease agreement in respect of the premises owned by her, situated in Kotahena, for a period of 38 months commencing from 1 April 2010 and ending on 31 May 2013, and that upon the expiry of same, the Plaintiff gave her consent to Naveen Ceramic to occupy the said premises in terms of her leave and license and absolutely rent free until 1 August 2013. The Plaintiff specifically pleaded that Naveen Ceramic had failed and refused to hand over the said premises to her on or before 1 August 2013, and therefore, that Naveen Ceramic was in illegal and wrongful occupation of the premises owned by her and conducting the business from the said premises in a most illegal and forcible manner. Having heard the submissions made by the President’s Counsel for the Plaintiff Ikram Mohamed, the Additional District Judge of Colombo issued an enjoining order preventing Naveen Ceramic carrying on any business in the said Kotahena branch and also restrained Naveen Ceramic from altering the present structure and further prevented Naveen Ceramic from permitting third parties from occupying the said premises. The case will be called in open Court on 22 October 2013 for Naveen Ceramic to hand over the keys to the property concern to its landlady. Ikram Mohamed, President’s Counsel with Kamran Aziz and Milhan Mohamed, Attorneys-at-Law, instructed by M.R.M. Dhailamy, Attorney-at-Law appeared for the Plaintiff. Pubudu De Alwis, Attorney-at-Law, instructed by Jagath Thalgaswatte, Attorney-at-law appeared for the Defendant.