Shahabdeen Nowshaaddh v. George Camillus Fernando and Kingsley Gamini – CA PHC 114/2011-2015

In the case between Shahabdeen Nowshaaddh (respondent) and George Camillus Fernando (appellant), the court addressed whether the High Court of Puttalam rightly restored possession of Puliyankulam Waval to Nowshaaddh following allegations of forcible dispossession by Fernando. The central issues concerned whether the Primary Court Judge’s omission to determine actual possession at the relevant date invalidated the original order and whether legal procedures under Sections 66 and 68 of the Primary Courts Procedure Act had been observed. The findings established that the Primary Court had failed to make essential determinations regarding possession, rendering its order ineffective, whereas the High Court correctly identified Nowshaaddh as being in possession and dispossessed within the prescr