Civil Appeals High Court of Colombo stays eviction of Rabbi of Chabad House in Colombo

The Civil Appeals High Court of Colombo Justices Frank Gunawardhana and Priyantha Fernando on Friday issued an interim order staying the operation of the writ of execution evicting the Rabbi and/or his agents from Chabad House in Colombo.



The Petitioner, the Rabbi of Chabad House, Shneor Zalman Maidanchik in his petition stated that the predecessors of the Petitioner entered into a Lease Agreement with the registered owner of the impugned property in 2007 for a period of two years.

President’s Counsel Farman Cassim appearing on behalf of the Petitioner observed that the tenancy of the said property was extended in 2011 subject to an increase in the monthly rental, adding however that, at the time of such extension, the registered owner of the said property had passed away and the Respondents, collectively and/or separately, with the intent to deceive the Petitioner, concealed the death of the registered owner of the property.

Further, President’s Counsel Cassim submitted that the Respondents also falsely represented themselves as the trustees of the impugned property and entered into lease agreements with the Petitioner, increasing the lease amount.

It was submitted that upon becoming aware of the fraudulent actions of the Respondents and due to the failure on the part of the Respondents to address the same, the Petitioner withheld further payments for the lease of the impugned property.

The President’s Counsel submitted that subsequently, the Respondents invoked the provisions of the Recovery of Possession of Premises Given on Lease Act No. 01 of 2023 before the District Court of Colombo seeking inter alia, the eviction of the Petitioner and/or his agents from the impugned property.

It was further observed that the District Court on 18 March 2024, issued a Decree Nisi in terms of Section 5 (2) of the Recovery of Possession of Premises Given on Lease Act No. 01 of 2023 and subsequently made the Decree Nisi absolute on 2 September 2024 after having refused the Petitioner’s application for Leave to Appear, Show Cause and Defend.

Making further submissions, President’s Counsel Cassim stated that the Respondent’s invocation of the jurisdiction of the District Court of Colombo was founded on misrepresentation of material facts concerning the legal ownership of the impugned property.

The Petitioner in his petition emphasised that the Respondents failed to submit any document to prove their purported trusteeship over the impugned premises and failed to inform the District Court of Colombo of the nullity of the initial Power of Attorney of the registered owner of the said property and the subsequent demise of the registered owner of the impugned property and thereby that the said suppression misled the Learned Additional District Judge. 

Being aggrieved by the Order of the Learned District Judge on 2 September 2024, the Petitioner invoked the jurisdiction of the Civil Appeals High Court of Colombo to revise the Order of the Learned Additional District Judge.

Thereby, whilst the matter was supported before Justice Frank Gunawardhana and Justice Priyantha Fernando on 4 November 2024, the Learned Justices of the Civil Appeals High Court of Colombo on Friday 17 January 2025, issued an interim order staying the operation of the writ of execution evicting the Petitioner.

Farman Cassim PC with Charaka Jayaratne Attorney-at-law, Nethmi Silva Attorney-at-law and Pasinduni Fernando Attorney-at-law instructed by Tharushika Dulmini Fernando Attorney-at-law appeared for the Petitioner whilst Dilumi de Alwis Attorney-at-law appeared for the Respondents.