Pallemulla Ralalage Malinda Nishan Pallemulla and others vs Rankoth Dewayalage Aananda and others – SC Appeal 0027/2023-2025

In the matter of Rankoth Dewayalage Aananda and 11 others (1st Party Petitioner-Respondents-Respondents) and Pallemulla Ralalage Malinda Nishan Pallemulla and P. M. R. Darmadasa (2nd Party Respondents-Appellants-Appellants), the court addressed two primary legal issues: (1) whether the Court of Appeal erred in holding that ‘actual use’ rather than ‘entitlement in use’ should be determined under Section 69 of the Primary Court Procedure Act, and (2) whether the 1st Party established their entitlement to use the disputed roadway. The dispute originated from the 1st Party’s claim of a right of way (servitude) over the 2nd Party’s land, which the 2nd Party obstructed. The Magistrate’s Court initially ruled against the 1st Party, finding no established entitlement. However, the High Court and C