Mohamad Saheed Mohamed Abdulla vs Dassanayake Mudiyanselage Antony – CA PHC NO. 11/99-2011

In the case between Mohamad Saheed Mohamed Abdulla (Appellant) and Dassanayake Mudiyanselage Antony (Respondent), the court addressed the lawfulness of possession of a portion of a disputed building under Section 66(1)(b) of the Primary Courts Procedure Act No. 44 of 1979, and the existence of a breach or threat of breach of the peace. It was determined that the Appellant provided stronger and more credible evidence of possession up to March 1996, whereas the Respondent failed to establish lawful possession for the required period. Additionally, it was found that forcible entry and a threat to the peace occurred. Orders of the Primary Court and High Court which favored the Respondent were set aside, with the Appellant being restored to possession and the primary court directed to ensure co