Officer in Charge, Harbour Police Station, Trincomalee vs. Niranjan Manikkavasagar & Dr. Sivaguru Jeyamanoharan – CA CPA/155/2019-2022

In the case between Niranjan Manikkavasagar and Dr. Sivaguru Jeyamanoharan, the court addressed the entitlement to possession over a disputed right of way (Lot X2E) providing access to a temple. It was determined that the 1st Party failed to establish exclusive possession, and that the pathway served as a public right of way. The High Court’s reversal of the Magistrate’s earlier order, which granted exclusive possession to the 1st Party, was upheld by the Court of Appeal. The analysis relied on the interpretation of Sections 66, 68, and 69 of the Primary Courts’ Procedure Act No. 44 of 1979, emphasizing that proof of entitlement to possession must meet a higher standard and that evidence did not support the 1st Party’s claim. The appeal was dismissed, reaffirming the pathway’s status as a