Officer in Charge, Police Station, Habaraduwa vs. Andigoda Gamage Amarapala de Silva – CA PHC/46/2006-2017

In the case between the Officer in Charge, Police Station, Habaraduwa (Informant/Complainant) and Andigoda Gamage Amarapala de Silva (original respondent, deceased and substituted), Hewa Geeganage Ramyawathie, and Dadallage Damith Chamara (Respondents/Appellants), the court addressed the issue of possession rights over parcels of land in Katukurunda, Habaraduwa, specifically regarding alleged disturbance and the plucking of coconuts. The core legal question centered on whether the appellants were wrongfully denied possession or a declaration of rights over the land, and whether the Primary Court possessed authority under the Primary Court Procedure Act to make negative declarations of non-entitlement. It was held that the Primary Court’s jurisdiction is limited to positive declarations of