Inspector of Police vs. Chandrasiri Wickramathilake – CA PHC 84/2006-2015

In the case between the Inspector of Police, Police Station, Pitigala (Complainant/Plaintiff), and Chandrasiri Wickramathilake, Assistant Superintendent, Ketandola State Plantation, Elpitiya, and Karunakarage Sunil Shantha (Respondents/Defendants), the principal issue was the determination of possession of disputed land under Section 66(1)(a) of the Primary Courts’ Procedure Act No. 44 of 1979. The court held that the High Court erred in overturning the Magistrate’s order, reinstating the findings that the 1st Party-Respondent was in actual possession and rejecting the claim of longstanding cultivation by the 2nd Party-Respondent. It was reaffirmed that a careful and proper evaluation of facts and evidence is required when determining actual, physical possession in proceedings under Sectio