Savarian Sebamalai v. Soosaipillai Xavier Kulanayagam – CA APPEAL NO. 55/07-2016

In the case between Savarian Sebamalai (Appellant) and Soosaipillai Xavier Kulanayagam (Respondent), the court addressed the issue of rightful possession and alleged wrongful dispossession under the Primary Court Procedure Act, Section 66. It was held that the Respondent was in possession of the disputed property and was dispossessed by the Appellant within the statutory period, and that the restoration of possession to the Respondent by the Primary Court and the affirmation by the High Court were correct. This decision reaffirmed the principle that restoration of possession is mandatory where dispossession is proved within the period stipulated by law, relying on documentary and affidavit evidence as well as established judicial interpretation of Section 66. The outcome emphasized that ap