Jeyaram and Another v. Bagawantalawa Police – sllr 1998 volume 3 page 082

In the case between Jeyaram and Another (Party A) and Bagawantalawa Police (Party B), the court addressed the issue of whether the appellants’ forcible occupation of a line room, previously allocated by the estate superintendent to a third party (Periyasamy), constituted criminal trespass under section 433 of the Penal Code. It was determined that occupation for purposes of trespass can be exercised by an owner or an agent, and the estate superintendent, as the agent, was lawfully in occupation of the premises at the relevant time. The findings established that the appellants’ continued, forcible occupation, despite clear orders to vacate, amounted to unlawful entry and annoyance within the meaning of the Penal Code. The conviction was affirmed, but the sentence was varied to a fine of Rs.