Mukan Loganathan vs A.P.H.De V.Gunawardena – CA PHC 55/2011-2011

In the matter between Mukan Loganathan, Periyasamy Devaraj, R. Vengadasalam, Pichchalsivaraj (Appellants) and A.P.H.De V.Gunawardena (Respondent), the court examined whether the Appellants were entitled to possession of the disputed land within the two months preceding court proceedings under the Primary Courts Procedure Act No.44 of 1979 (Chapter VII), the sufficiency and admissibility of affidavits and documentary evidence, and the applicability of revisionary jurisdiction. It was held that both the Magistrate’s Court and the High Court of Nuwara Eliya were correct in granting possession to the Respondent and denying revision, finding the Appellant’s evidence insufficient and determining that no exceptional circumstances warranted exercise of revisionary powers. This decision reaffirmed