Priyangi Dharshani vs J.S. Wijeratne – CA PHC 83/2004-2014

In the case between Priyangi Dharshani (Appellant) and J.S. Wijeratne (Respondent), the court addressed the issue of whether the appellant was entitled to a right of way over a strip of land to her house under Sections 66 and 69 of the Primary Courts Procedure Act No. 44 of 1979. It was determined that the appellant had not established a legal right of way and that the law does not allow an order for demolition of a permanent structure in such proceedings. The appeal to reinstate the Magistrate’s order granting a right of way was dismissed, reaffirming the principle that Primary Courts lack authority to order the removal of permanent structures in disputes regarding possession. This decision relied on statutory provisions and case precedent, specifically Jamis v. Kannangara [1989 (2) S.L.R