Dinesh Kesara Gunasekara vs Thilakarathna Mudiyanselage Thilakarathna – CPA/APN APPEAL NO: 132/2018-2021

In the case between Dinesh Kesara Gunasekara and Thilakarathna Mudiyanselage Thilakarathna (with Officer-In-Charge, Police Station, Panadura also cited), the court addressed the entitlement to possession of the Lihiniya Beach Hotel under the Primary Courts’ Procedure Act, No. 44 of 1979. It was held that the 1st Respondent was entitled to possession, and no exceptional circumstances warranting revision of the Magistrate’s and High Court’s orders were established. The decision reaffirmed the principle that, where the evidence of possession is inconclusive, entitlement to possession may be determined on the basis of title. The court relied on statutory criteria under Sections 68(1) and 68(3) of the Primary Courts’ Procedure Act and pertinent precedents, emphasizing that mere possession is in