Vidanalage Swineetha Lilani De Silva vs Galhena Gamage Lakmini Dias Seneviratna – CA PHC 29/2006-2014

The case between Vidanallage Swineetha Lilani De Silva and Galhena Gamage Lakmini Dias Seneviratna addressed the issue of whether an order by the Magistrate determining possession under the Primary Court Procedure Act was correct, and whether the High Court’s reversal of that order was legally justified based on alleged procedural non-compliance. It was held that procedural objections under sections 66(6) and 66(7) of the Primary Court Procedure Act must be raised at the earliest possible stage and, if not, are considered waived. The decision reaffirmed that restoration of possession requires dispossession to have occurred within two months prior to the filing of information. The Court of Appeal set aside the High Court’s reversal and restored the Magistrate’s order, with cost, emphasizing