Enjoining order sought against occupant over alleged subletting and illegal activities

The District Court of Mount Lavinia has been moved to issue an enjoining order against a defendant, accused of unlawfully subletting a disputed property in Dehiwala and carrying out unauthorised activities on the premises. 

Appearing for the plaintiff, Attorney-at-Law Roshanara Fernando informed Court that her client had been in occupation of approximately 13.5 perches of land in Dehiwala for a considerable period. She submitted that only 1.1 perches of the property had originally been granted to the defendant’s mother under a lease and licence arrangement.  Counsel stated that although the licence had subsequently been terminated, the defendant had continued to occupy the premises, leading to ongoing litigation seeking his ejectment and the recovery of damages for unlawful occupation. 

Roshanara Fernando moved Court for an enjoining order restraining the defendant from subletting any portion of the premises. She submitted that documents annexed to the plaint indicated that the defendant had, in fact, sublet parts of the property to third parties.  The plaintiff further alleged that numerous suspicious individuals were frequently entering and leaving the premises. Counsel also claimed that unauthorised structural alterations had been carried out to the building and requested Court to restrain the defendant from undertaking any further alterations, modifications, repairs or construction work pending the determination of the action. Counsel further submitted that the alleged subletting, the presence of suspicious persons and the purported drug-related activities had caused the plaintiff mental distress and intimidation. She argued that unless injunctive relief was granted, the plaintiff would suffer irreparable and irrecoverable loss and damage. The Court directed to serve notice on the defendant, and matter was fixed for June 19.