Kalahage Premalal Dharmasiri Bambarawana vs Kandage Kamalawathi Bambarawana – CA PHC 40/2006-2016

The court addressed the issue of whether Kalahage Premalal Dharmasiri had forcibly dispossessed Kandage Kamalawathi from her property within the meaning of Section 68(3) of the Primary Courts Procedure Act. It was held that forcible dispossession had occurred, affirming the principle that a person in possession cannot be deprived of property without due legal process and that mere promises or non-conveyance documentation do not effectuate a lawful transfer sufficient to defeat possession rights. The decision relied on the interpretation of Section 68 of the Primary Courts Procedure Act, analysis of evidence regarding possession and the nature of transfer documents, and the standards for High Court revisionary jurisdiction, emphasizing that factual findings concerning continuing possession