Officer-in-Charge, Police Station, Borella vs. Maththaka Gamage Jinadasa and others – CA PHC NO: 181/2013-2022

In the case between Maththaka Gamage Jinadasa (represented by Udith Ishantha Gamage, Appellant) and Thotawaththage Don Manuwel Subhash de Silva, Thotawaththage Don Manuwel John de Silva, H. M. Ramya Neranjala, Thelge Jayanthi Peiris (Respondents), the court addressed whether the correct party was determined to be entitled to possession of premises at No. 1038/5, Maradana Road, Borella, under the Primary Courts’ Procedure Act. The court held that the lower courts failed to apply both the required evaluation of evidence and the applicable legal standards concerning recent and forcible dispossession, specifically under Sections 66, 68, and 72 of the Primary Courts’ Procedure Act. This decision reaffirmed the principle that the Primary Court’s jurisdiction under the Act is preventive, focused