Ayupala vs Public Trustee of Sri Lanka – sllr 2004 volume 3 page 374

In the case between the Public Trustee (as legal representative of the deceased original plaintiff/lessee) and the first defendant-appellant (the occupier based on a prior licence), the court considered whether a permit holder or lessee under the Land Development Ordinance possesses sufficient interest to bring a vindicatory action against trespassers and to recover damages for wrongful occupation. It was held that a lessee granted a valid lease under the Land Development Ordinance holds rights akin to an owner during the lease term, including exclusive possession and the ability to eject trespassers and claim damages for wrongful occupation. However, it was clarified that such land remains State land and does not form an asset of the permit holder’s estate upon death, thus not subject to