Chandrs Gunasekara v. Madduma Bandara Dodanwela – CA APPLICATION NO. 1136/98 F -2016

In the case between Madduma Bandara Dodanwela (Sujeewa Dodanwela, substituted Plaintiff Respondent) and Chandrs Gunasekara (Defendant Appellant), the court addressed the issue of whether the Plaintiff Respondent, a state land lessee, is entitled to retain possession of a Milk Booth and obtain the ejectment of the Defendant Appellant, who derived entry from a prior licensee. It was held that the Plaintiff Respondent was entitled to possession, and the Defendant Appellant could not rely on a Magistrate Court order under section 66 of the Primary Court Procedure Act nor introduce new claims of tenancy at the appellate stage. The ruling reaffirmed the principle that parties cannot plead new grounds on appeal not raised at trial, and interim orders under section 66 do not create substantive rig