Jeevantha Senarathna v. Hon. Attorney General – CA PHC NO.102/2001-2014

In the case between Jeevantha Senarathna, Galabada Gamage Wasantha, Ranjith Thilak Wanniarachchi (representing Stockland Estate, Udugama) and the Hon. Attorney General and Officer-in-Charge, Police Station, Udugama, the court addressed the issue of whether the representatives of Stockland Estate were unlawfully dispossessed of disputed land within two months prior to the proceedings, thereby warranting restoration of possession under Section 68(3) of the Primary Courts’ Procedure Act No.44 of 1979. It was held that the respondents were in possession and had been wrongfully dispossessed; the evidence substantiated their claim, and restoration was warranted. The principle reaffirmed was that actual possession, rather than disputed title, forms the central inquiry under the statutory framewor