Officer-in-Charge, Police Station, Pussellawa v. M. Koneshwaran et al – CA PHC 82/2015-2022

In the case between the Officer-in-Charge, Police Station, Pussellawa (Plaintiff), and respondents including M. Koneshwaran, S. M. Aseez, M. M. Rasheek, and M. Muniyandi (Defendants), the court addressed the issue of rightful possession of a disputed parcel of land, specifically examining whether the correct land was identified and whether lawful possession could be established by any party. The court held that the Primary Court had misidentified the disputed land and that neither party was entitled to possess it, thereby dismissing the appeal. The principle reaffirmed is that proper identification and correlation of evidence are critical under Section 66 of the Primary Courts’ Procedure Act in land possession cases, with the burden on the court to accurately ascertain the property in ques