Chandrs Gunasekara v. Madduma Bandara Dodanwela – 1136/98 F -2016

In the case between Madduma Bandara Dodanwela (substituted by Sujeewa Dodanwela) and Chandrs Gunasekara, the court addressed the validity of the Defendant Appellant’s right to occupy a Milk Booth constructed and leased by the Plaintiff Respondent. It was held that the Defendant Appellant could not establish a lawful right of possession against the Plaintiff Respondent as the lessee. The judgment reaffirmed the legal principle that new claims or defences, such as tenancy or succession, cannot be raised for the first time on appeal, and that rights derived from orders under Section 66 of the Primary Court Procedure Act are provisional and do not override civil judgments regarding possession. Reliance was placed on the Civil Procedure Code (Section 150) and established precedents concerning e