OIC, Police Station, Ratnapura v. Kuruppu Mohottalalage Ravindra Bandara and Wasthu Kankanamalage Nalaka Gunathilake – CA PHC 51/2016-2016

In the case between Kuruppu Mohottalalage Ravindra Bandara (Appellant) and Wasthu Kankanamalage Nalaka Gunathilake (Respondent), the court addressed the issue of rightful possession of a boutique under Section 66(1)(a) of the Primary Court Procedure Act No. 44 of 1979 following a dispute reported as a potential breach of the peace. It was held that the appellant failed to prove possession at the relevant time, resulting in a decision favoring the respondent. The appellate process was halted due to the appellant’s absence at the revision hearing, and subsequent attempts to re-open the matter were not permitted. The court reaffirmed that dismissal of a revision for non-appearance is final and cannot be re-argued, emphasizing strict adherence to procedural regularity. This outcome underscores

REF: CA PHC 51/2016-2016 Category: Tag:
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