Vithanage Samson vs. Officer-in-Charge Police Station, Galle – CA PHC 10/2014-2022

In the case between Vithanage Samson and Nanayakkara Gamage Violet De Silva, among others, the court addressed whether the Primary Court possessed jurisdiction under Section 66(a) of the Primary Courts’ Procedure Act when partition proceedings were pending, and whether the orders regarding possession of disputed land in Galle were proper. It was held that pending partition actions do not oust the jurisdiction under Section 66, and the right to possession must be determined based on actual possession and any recent dispossession. The principle reaffirmed is that Primary Courts retain jurisdiction over disputes threatening breach of peace concerning immovable property, regardless of other pending civil actions, emphasizing the court’s responsibility to prevent breaches of the peace based on