D.G. Senaratne v. OIC Police Station, Nagoda – CA PHC 30/07-2007

In the case between D.G. Senaratne and the Officer-in-Charge, Police Station, Nagoda, the court addressed the issue of whether the High Court of Galle correctly ordered the possession of the disputed land to be handed over to the 1st Respondent-Petitioner-Respondent, overturning the Magistrate’s earlier decision. It was held that the High Court’s order, which granted possession based on the determination of who was actually in possession at the time information was filed under Section 68(1) of the Primary Courts Procedure Act No. 44 of 1979, should be upheld. The principle reaffirmed required primary courts to give weight to credible documentary evidence and police reports when establishing factual possession. This decision relied on the statutory framework of the Primary Courts Procedure