Hettithanthrige Shiromani Bernadette Fernando vs Palliyaguruge Wickramapala – CA PHC 45/2016-2022

In the case between Hettithanthrige Shiromani Bernadette Fernando (Petitioner) and Palliyaguruge Wickramapala (Appellant/1st Respondent-Petitioner), the court addressed the dispute over the rightful possession of premises at No. 140, Pothgul Vihara Road, Ratnapura, following allegations of forcible entry and construction attempts. It was held that the prior orders by the Magistrate and the High Court Judge, which awarded possession to the petitioner, were proper and justified. This decision reaffirmed the principle that judicial findings based on properly examined evidence and due process are not to be lightly disturbed upon revision or appeal. Reliance was placed on the sufficiency of documentary evidence and police reports, underscoring the importance of deference to lower courts’ factua