Parapedewage Sanjaka Aravinda Kumara and Dona Gnanawathi Munasinghe vs. D. Ariyawathi Munasinghe – 139/13-2021

In the case between the Officer in Charge, Police Station, Welikada (Plaintiff-Respondent) and Parapedewage Sanjaka Aravinda Kumara and Dona Gnanawathi Munasinghe (2nd Party-Petitioner-Appellants), the court addressed the issue of rightful possession of a disputed portion of land under Section 66(1) and Section 68 of the Primary Courts’ Procedure Act, No. 44 of 1979. It was held that restoration of possession to D. Ariyawathi Munasinghe (1st Party-Respondent) was warranted as dispossession occurred within two months prior to proceedings, reaffirming the principle that only factual possession at the relevant time is determinative under statutory mandate. This decision relied on thorough evaluation of affidavits, witness statements, survey documentation, and observation notes, emphasizing th