Sudharma Neththikumara v. Officer-in-Charge Police Station, Thalangama – CA PHC/APN 21/2016-2017

In the case between Sudharma Neththikumara and Hewapathiranage Chandrani Perera, the court addressed the issue of entitlement to possession of a disputed house. It was held that the 2nd Respondent (mother) was entitled to possession, and the appellate intervention sought by the Petitioner (daughter) was without merit. The principle reaffirmed was that actual possession, if forcibly dispossessed within the relevant statutory period, may be restored by the summary procedure under the Primary Courts’ jurisdiction, irrespective of claims to title. The decision relied on evaluation of documentary and affidavit evidence, with reference to the ongoing district court case as the proper forum to address purported issues of title and deed validity. The court emphasized that summary proceedings did n

REF: CA PHC/APN 21/2016-2017 Category: Tag:
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