Seinudeen Marikkar Ahamed Bari and Abdul Kafoor Mohommed Ameer vs Upul Karunaratne – CALA 53/07-2014

In the case between Seinudeen Marikkar Ahamed Bari and Abdul Kafoor Mohommed Ameer (plaintiffs) and Upul Karunaratne (defendant), the court addressed whether the plaintiffs were entitled to an undivided 89/120 share in the disputed land and whether the defendant possessed any valid rights over the property, either as a tenant cultivator or as a co-owner. The judgment determined that the central issue for the interim injunction was possession rather than title, with the District Judge’s finding that the defendant remained in possession being upheld on appeal. This decision reinforces the principle that possession, rather than title, is decisive for interim relief in actions involving land until the substantive merits are adjudicated. The ruling relied on established principles governing inj