Noor Nihara Niyas vs Jainool Abdeen Mohamed Anas – CA PHC NO.109/2000-2013

In the case between Noor Nihara Niyas (01st Party Respondent-Petitioner-Appellant) and Jainool Abdeen Mohamed Anas (02nd Respondent-Respondent-Respondent), the court addressed the issue of whether the Magistrate had correctly determined the question of possession as required by section 68 of the Primary Court Procedure Act. It was held that both the Magistrate and the High Court Judge failed to focus on the legal requirement of addressing possession, instead emphasizing unauthorized constructions, which only served as evidentiary matters. The Court of Appeal set aside both the Magistrate’s and High Court Judge’s orders and returned the matter to the Magistrate for a fresh determination on the issue of possession based on the material already on record, allowing for further submissions. The