Officer in Charge, Police Station, Kothmale vs K. Saundarajan – CA PHC APN 23/16-2017

In the case between the Substituted 2A Party Respondent-Respondent-Petitioner and the 7th Party Respondent-Respondent-Petitioner (including Ramboda Tea Estate (Pvt) Ltd and others) and K. Saundarajan (1st Party Respondent-Petitioner-Respondent) with several associated parties and state authorities, the court addressed whether the High Court was correct in overturning the Primary Court’s division of possession of the Ramboda Estate and granting exclusive possession to the 1st Party Respondent. It was held that the High Court erred in disregarding evidence of long-standing fragmented possession and in failing to focus on the statutory requirements under section 66 of the Primary Court Procedure Act, specifically the issues of current possession and breach of peace, rather than title. Authori