Muthuthantrige Rienzie alias Riyenze Jagath Cooray vs. Sellapperumage Anne Elizabeth Fernando – SC APPEAL NO: 91/2020-2024

The case involved a dispute between Muthuthantrige Rienzie alias Riyenze Jagath Cooray (Party A) and Sellapperumage Anne Elizabeth Fernando (Party B) concerning whether exceptional circumstances existed under Section 328 of the Civil Procedure Code to justify a revision of the District Court’s ex-parte judgment and the subsequent execution of a writ of possession. The analysis focused on determining if possession of the premises was held independently or merely under the leave and license of the defendant. It was determined that the grounds alleged did not rise to the extraordinary threshold required, resulting in the dismissal of the appeal and upholding the District Court’s order.

K.KUMUDINI WICKREMASINGHE, J. — It was determined that the appeal challenging the District Court’s order