Gardi Hewaage Sumanawathi vs Ratnapatambendige Nihal Weerawama – CA PHC/41/2011-2017

In the case between Gardi Hewaage Sumanawathi (Appellant) and Ratnapatambendige Nihal Weerawama Nilaweera, Director, Plantation Supervision Unit, Ministry of Plantation (Respondent), the court addressed whether an occupant could resist eviction from land claimed by the State by asserting it was private land, and whether possession could be maintained without a valid State permit or statutory written authority under the State Land (Recovery of Possession) Act. It was held that under the current statutory regime, the only recognized defense is the existence of a valid State permit or written authority, and the competent authority’s opinion as to the character of the land is not open to challenge in ejectment proceedings. The requirements of the State Land (Recovery of Possession) Act regardi