Herath vs Morgan Engineering (Pvt) Ltd – sllr 2020 volume 2 page 066

In “HERATH vs. MORGAN ENGINEERING (PVT) LTD,” the court addressed whether the evidence of monthly tenancy and certain documents (X1 and X2) amounted to a “valid permit or other written authority” as required under Section 9 of the State Lands (Recovery of Possession) Act. The magistrate’s order of ejectment had been reversed by the Court of Appeal, which accepted that informal tenancy and rental payments constituted sufficient written authority. Upon further review, it was held that neither mere monthly tenancy nor informal documentation satisfied the statutory requirement for lawful possession of state land. The reasoning established that Section 9 is structured to limit substantive contest to the existence of a valid permit or authority and does not encompass informal or de facto arrange