D. Babynona Madinakanda, Payagala vs Charlet Vinifreeda Fonseka, North Payagala – CA 834/96 F -2011

In the case between D. Babynona (Plaintiff-Appellant) and Charlet Vinifreeda Fonseka (Defendant-Respondent), the court addressed the issue of whether the Plaintiff-Appellant was entitled to recover possession of premises and claim damages after an alleged dispossession by the Defendant-Respondent. It was held that, in the absence of sufficient evidence demonstrating how the Plaintiff-Appellant was previously in lawful possession and in light of the previous judgment awarding only damages and not possession or eviction, there was no basis to disturb the findings of the District Court. The appeal was accordingly dismissed, reaffirming the principle that appellate courts should not interfere with well-supported findings of fact by trial courts. Reliance was placed on the record and credibilit