Konadeniye Gedara Heen Mahaththaya vs. Asitha Premajith Gamage – CA PHC 62/2017-2022

In the case between Konadeniye Gedara Heen Mahaththaya (Plaintiff) and Asitha Premajith Gamage (Defendant), the court addressed the issue of whether the order restoring possession of a shop premises to the Plaintiff, following alleged forcible dispossession, was correctly issued and upheld on revision. The holding established that the restoration of possession by the Primary Court Judge was supported by the evidence and that the High Court’s refusal to set aside that order was not erroneous. This outcome reaffirmed the principle that restoration of possession under Section 66(1)(b) of the Primary Courts’ Procedure Act depends on findings of dispossession and the absence of exceptional circumstances to warrant revision, highlighting the importance of accurate evaluation of fact and procedur