Sayakkarage Shantha Abeyrathne v. Rathnayake Mudiyanselage Kulathunga et al. – CA PHC 211/2006-2016

In the case between Sayakkarage Shantha Abeyrathne (Appellant) and Rathnayake Mudiyanselage Kulathunga, Dissanayake Mudiyanselage Premasiri Ranaweera, and R.M. Cyril (Respondents), the court addressed the issue of whether the proper party was in possession of disputed land and whether the Appellant was unlawfully dispossessed within two months prior to the legal proceedings. The holdings confirmed that the Magistrate and High Court correctly identified and determined possession, and that the Appellant had not established possession or dispossession as required under law. The key legal principle reaffirmed is that appellate intervention in factual findings is only warranted when there is manifest error, following the standard set in Gunwardene v. Cabral. The court’s decision emphasized the