J.P.C. Peiris and H.A. Vinitha Maheshwari Peiris vs Williams Confectioneries Limited – CA NO. 953/2000-2011
In the case between J.P.C. Peiris and H.A. Vinitha Maheshwari Peiris (Claimant Petitioner Appellants) and Williams Confectioneries Limited (Plaintiff Respondent-Respondent), the court addressed whether the Fiscal, in executing a writ of seizure based on a judgment, entered the correct premises and seized the proper property. It was determined that the Fiscal had executed the writ at premises No. 81/1, owned by the 1st Appellant, instead of the intended No. 84, thereby raising issues concerning the identity and ownership of the seized property. The holding established that the Plaintiff Respondent bore the burden of clarifying discrepancies and failing to do so undermined the validity of the seizure. This decision reaffirmed the principle that seizure of property by execution must strictly

