Premaratne Perera v. Alwis and Another – sllr 1988 volume 1 page 349

In Premaratne Perera v. Alwis and Another, the court considered whether a convicted individual, found guilty of criminal trespass with the use of force under Section 434 of the Penal Code, should be immediately ejected from the premises pursuant to Section 430(1) of the Code of Criminal Procedure. The central question involved the enforcement of judicial orders restoring possession to the complainant following conviction. It was held that, given the clear statutory requirements and the conviction for trespass, the complainant is entitled to immediate restoration of possession, and the Magistrate is mandated to issue an order for ejectment and award costs against the accused. The holding reaffirmed the principle that the restoration of possession to the complainant is a mandatory judicial o