JA Priyanthi Perera Samarasinghe v. Dharmapala Colin Abeywardene – CA PHC APN 64/2010-2020

In the case between JA Priyanthi Perera Samarasinghe (petitioner) and Dharmapala Colin Abeywardene (respondent), the court addressed the issue of the rightful possession of a disputed land under Section 66 of the Primary Courts’ Procedure Act No. 44 of 1979. It was held that the Magistrate Court’s order to grant possession to the petitioner was correct, and the High Court’s decision setting aside the Magistrate’s order was ex facie erroneous. The principle was reaffirmed that the jurisdiction of a Magistrate’s Court under Section 66 is invoked by the filing of a police report citing a breach of peace, regardless of the existence of a parallel civil suit. This decision relied on statutory provisions and established precedents, particularly clarifying that police initiation suffices for juri