Pathirana Gamage Chandralatha v. Manameidurage Jayaliyas – CA PHC 241/2004-2016

In the case between Pathirana Gamage Chandralatha (Appellant) and Manameidurage Jayaliyas (Respondent), the central issue concerned whether the Magistrate Court of Morawaka lawfully exercised its jurisdiction under section 66(1)(b) of the Primary Procedure Code Act in a land dispute, specifically regarding the statutory requirement to determine the existence or likelihood of a breach of peace. The findings established that the Magistrate failed to ascertain if a breach of peace was threatened or likely—a prerequisite for assuming jurisdiction—thereby invalidating the Magistrate’s order restoring possession. The principle reaffirmed is that primary courts must explicitly consider and determine the potential for breach of peace before taking cognizance of disputes under section 66(1)(b). Rel