Dharmasena Yogeswararajah & Yogeswararajah Umathevi vs Ramesh Pramila – CA PHC/APN/81/2020-2021

In the case between Dharmasena Yogeswararajah and Yogeswararajah Umathevi (Informants) and Ramesh Pramila (Respondent), the issue concerned entitlement to possession of premises at Dharmasena Road, Kallady, Batticaloa. The court determined that the Respondent-Petitioner had not established a superior right to possession under Section 66 of the Primary Courts’ Procedure Act, holding that “actual possession” requires immediate physical control and cannot be asserted through agency where the principal is resident in the country. The prior orders by the Magistrate and High Court, which recognized the Informant-Respondents’ possession and found that they were forcibly dispossessed, were affirmed. This decision relied on both Sri Lankan and Indian case law, particularly the principles articulate