Weerasuriya Arachchilage Heen Banda v. Weerasuriya Arachchilage Tikiri Banda – CA PHC 124/2010-2016

In the case between Weerasuriya Arachchilage Heen Banda, Weerasuriya Arachchilage Karunawathi (Appellants), and Weerasuriya Arachchilage Tikiri Banda (Respondent), the court addressed the issue of which party was in possession of lots 3 and 4 of partition plan no. 218/A at the time relevant proceedings were initiated. The court held that lawful possession resided with the Respondent as of the date the police information was filed, reaffirming the principle that only possession, not title, is determinative in proceedings under Section 66 of the Primary Court Procedure Act. This decision relied on the procedural requirements of the Primary Court Procedure Act and relevant evidence, clarifying that Section 68(1) was the proper basis for determination. The outcome underscores that identificati