Kokmaduwa Parana Gunawathie vs Welendawa Acharuge Priayantha Alison et al. – CA PHC 207/14-2022

In the case between Kokmaduwa Parana Gunawathie and Welendawa Acharuge Priyantha Alison, Minha Wadood Alison, and Welendawa Acharige Alison, the central legal issue concerned the correct determination of possession of disputed premises under Sections 66(1)(b) and 68(1) of the Primary Courts’ Procedure Act No.44 of 1979 and whether exceptional grounds existed for invoking the High Court’s revisionary jurisdiction in lieu of civil remedies, as envisaged by Section 74. It was held that the Magistrate’s Court and the High Court correctly identified possession based on available evidence, and no exceptional circumstances warranting revisionary relief were demonstrated, particularly where alternative civil proceedings were available and instituted. The legal principle reaffirmed is that revision