Chakrawarthige Ariyadasa Fernando vs. Kawindra Dassanayake and Pathiraja Mudalie Dayananda Udesiri Gamini Perera – CPA/130/2019-2022

In the case between Chakrawarthige Ariyadasa Fernando (Petitioner/Petitioner-Respondent) and Pathiraja Mudalie Dayananda Udesiri Gamini Perera (Respondent-Respondent-Petitioner), the court addressed the issue of possession of the storeroom C/E/4 at Liberty Plaza, particularly regarding alleged forcible dispossession and the proper legal determination under Sections 66(1)(b) and 68(3) of the Primary Courts’ Procedure Act. It was held that the 1st Respondent retained possessory rights based on sustained occupation arising from a 2002 rental agreement and continuous rent payments, and that possession was subsequently interrupted by forcible dispossession attributed to the Petitioner. The holding reaffirmed the principle that actual possession, regardless of formal documentation lapses, is pro