Naiduwa Hannadi Jayanthi Mallika Samarasinghe vs Malini Abeywardhana Ranathunga and others – CA WRIT APPLICATION NO: 161/2018-2021

In the case between Naiduwa Hannadi Jayanthi Mallika Samarasinghe (petitioner) and the Chairman, members, and secretary of the Debt Conciliation Board, along with parties to the transfer of the subject land (respondents), the Court addressed whether the Debt Conciliation Board had erred in refusing to entertain the petitioner’s application on the ground that she failed to prove possession of her property under Section 19A(1A) of the Debt Conciliation Ordinance, especially given the lapse of more than three years since the notarial transfer. It was held that the Board’s decision was unreasonable, as the petitioner’s evidence of possession was unchallenged and legally sufficient. The principle reaffirmed is that uncontroverted evidence of possession, when meeting statutory and case law stand