Umagiliyage Rasika Chaminda and others Vs. Lelio Orsetti and others – CA PHC/APN58/2015-2015

In the case between Lelio Orsetti and Kathiragamalingam Sasidaran (Petitioners) and Umagiliyage Rasika Chaminda and Nawadawa Withanage Gnanalatha (Respondents), the court addressed the issue of whether the Respondents were wrongfully dispossessed of the disputed land known as “Thibbatukanaththawatta” within two months prior to proceedings, and which party was entitled to possession at the time of the initial application, pursuant to Section 68(3) of the Primary Court Procedure Act. It was held that the Respondents failed to establish dispossession within the stipulated two-month period, thereby confirming the Petitioners’ right to continue in possession. The legal principle reaffirmed is that the party alleging wrongful dispossession bears the burden of proving both dispossession and the r