Subasinghage Heenhamy vs Hewage Ariyaratne – CA NO: 1050/95-2011

The case between Subasinghage Heenhamy (Plaintiff/Respondent) and Hewage Ariyaratne (Defendant/Appellant) addressed whether the plaintiff possessed the requisite legal possession to sustain a possessory action concerning State land. It was held that mere intention to possess (animus possidendi) is insufficient without evidence of physical possession (detentio), and that lawful possession under Sri Lankan law necessitates both elements. This principle was reaffirmed with reliance on established precedents and statutory requirements for possessory actions. The decision emphasized that possession derived solely through association with a permit-holder does not satisfy the requirements of the law, compelling dismissal of the plaintiff’s action.

Rohini Marasinghe J. — It was determined that t