A.B. Richard Silva v. J.M. Kulatilaka – CA NO: 208/99 F -1999

In the case between A.B. Richard Silva (substituted by A.B. Colin Silva) and J.M. Kulatilaka (substituted by Weerasekara Mudiyanselage Padma Weerasekara and others), the court addressed the issue of entitlement to possession and recovery of land in dispute, the effect of an alleged settlement barring recovery, and the lawfulness of the defendant’s occupation and construction on the disputed land. It was determined that the plaintiff, as successor to a lease from the Ceylon Railway Department, possessed the lawful right to recover the land. The findings established that no binding settlement precluding the plaintiff’s claim was concluded and that the defendant’s construction was proven to be encroachment on the plaintiff’s land. Objections regarding injunctive relief under the Civil Procedu