By S.S. Selvanayagam
Colombo District Court issued an injunction against New Olympia Theatres preventing them from conducting any business activities at its premises.
Colombo District Judge Ratnayake entered the judgment against New Olympia Theatres Ltd. and issued a permanent injunction preventing them from conducting any business activity or screening of any film or transmitting any electronic data from the premises.
This Order was made pursuant to a legal action initiated by a body called “The Board of Trustees of the Maradana Mosque Incorporated” against the New Olympia Theatres Ltd. by a Plaint in the District Court of Colombo.
The Plaintiff stated that they are the owners of the land and that the Defendants were originally lessees and that the lease had expired and thereafter the Defendant had failed to handover vacant possession of the premises to the Plaintiff.
The Plaintiff pleaded that the Defendant was wrongfully and unlawfully remaining in the premises and continued to do business and screening various films even after the termination of the lease.
The Plaintiff stated that the Defendant has no right in law to be in possession of the premises as a wrongdoer and unjustly enrich itself by wrongfully remaining in the premises.
After protracted trial and evidence by both parties and legal submissions made, the Colombo District Court District issued such injunction order against the New Olympia Theatres Ltd.
The Court also entered Judgment against the Defendant New Olympia Theatres ejecting them and all those holding under them from the premises and granted the Plaintiff the possession of the premises.
The Defendant had stated that the Plaintiff is not entitled to seek an Order to evict the Defendant from the premises and they have no right to institute action. The Defendant also stated that they had also been engaged in operating a film hall on lease for over several years and asked that the Plaintiff’s action be dismissed.
Hiran de Alwis with Kalpa Virajith instructed by Messrs D.L. & F. de Saram appeared for the Plaintiff the Board of Trustees of the Maradana Mosque.