Lasanthi Rangana Malalasena and others Vs. Mahathelge Sudath Krishan Dias and others – CA PHC 49/2012-2012

In the case between Lasanthi Rangana Malalasena, Sangapala Arachchige Krishantha Kumara, and Sangapala Arachchige Nayana Swarnamali (Appellants) and Mahathelge Sudath Krishan Dias and Mahathelge Meril Wickrema Dias (Respondents), the court addressed whether the High Court properly set aside a Magistrate’s order concerning the restoration of possession of state land under Section 66(1)(a) of the Primary Courts Procedure Act. It was held that actual possession as of the date of police information (25.05.2010) was the critical factor, not earlier possession. Reaffirmation was made that, under Section 66, the preservation of the status quo regarding possession is paramount, pending any civil proceedings. The decision relied on a review of documentary evidence and statutory provisions, highligh

REF: CA PHC 49/2012-2012 Category: Tag:
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