Failure to attorn to Sai Baba Trust, SC orders ejection of Cine Printers
Thursday, 6 February 2014 00:00
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The Supreme Court in a landmark judgment in the tenancy litigation directed the Appellant occupier, Cine Printers Ltd. of New Chetty Street, Colombo 13, be ejected forthwith from the premises of the Respondent, the Sathya Sai Baba Trust of Sri Lanka.
Justice Eva Wanasundera with Justices Shiranee Tilakawardane and Rohini Marasinghe agreeing in her judgment also ordered the Respondent Cine Printers to pay the costs in the Supreme Court as well as in the High Court and the District Court to the Respondent Sathya Sai Baba Trust.
The Court held that the Appellant’s conduct as the occupier of the said premises had created this situation and the transferee Sathya Sai Baba Trust had taken the correct path of suing the Appellant for ejectment and damages and dismissed the appeal with costs.
The Court held that Cine Printers had not attorned to (agree to remain as a tenant of property after the transfer of its ownership) and therefore is not the tenant of the Sathya Sai Baba Trust in respect of the premises in suit.
The Sathya Sai Baba Trust instituted action in the District Court of Colombo against Cine Printers seeking an order to eject it from the said premises for the reason that Cine Printers had failed and neglected to accept it as the landlord with effect from 1 January 2005.
Cine Printers had been the tenant of S.R.G. Corea at one time, who died later on. Her children requested Cine Printers to attorn to one of them, namely F.E.S. Corea, which Cine Printers had failed to do. Therefore the children of the deceased landlord sold the premises in suit to the Sathya Sai Baba Trust in December 2004.
The Sathya Sai Baba Trust as well as the children of the deceased landlord sent letters to Cine Printers in December 2004 after the transfer of the ownership of the said premises, requesting Cine Printers to accept the Sathya Sai Baba Trust as the landlord and to pay rent to it with effect from 1 January 2005.
However, Cine Printers failed and neglected to do so, resulting in the Sathya Sai Baba Trust filing action in the District Court for ejectment of Cine Printers from the premises in question.
C.E. de Silva instructed by P. Narendran with B. Senarath appeared for Cine Printers Ltd. Wijayadasa Rajapaksa PC with Kapila Liyanagamage appeared for the Sathya Sai Baba Trust.
