Atula Kumara Nupe Arachchi and others Vs. Rev. Balapana Sumanasara and others – CA PHC 116/2009-2009

In the case between Atula Kumara Nupe Arachchi (Plaintiff–Petitioner) and Mass Developments (Pvt) Ltd (2nd Party Respondent–Appellants), with Rev. Balapana Sumanasara and others as additional respondents, the court addressed the issue of the rightful party in possession of the disputed land at the time material to proceedings under Section 68 of the Primary Court Procedure Act No. 44 of 1979. It was held that the appellants could not establish possession based solely on undated photographic evidence, whereas the respondents’ documentary evidence substantiated their claim of possession. The principle reaffirmed is that the trial Judge must determine current possession at the relevant time based on reliable, contemporaneous evidence. This decision relied on the Primary Court Procedure Act an