Officer-in-Charge, Police Station, Tellipalai v. Kaneswaran Nageswary and Gnaneswary Vairavasuntharam – CA PHC APN 88/18-2017

In the case between Nageswary et al. and Gnaneswary Vairavasuntharam et al., the court addressed the issue of rightful possession of a disputed property in Jaffna under the Primary Courts’ Procedure Act. It was held that the 1st Party-Petitioner (Nageswary et al.) was entitled to possession, and the appeal was allowed, reinstating the primary court’s order. The principle reaffirmed is that constructive and actual possession—supported by the timeline and affidavits—prevails where conflicting evidence exists, provided the statutory requirements under Section 68(1) and Section 68(3) of the Act are met. Reliance was placed on the proper evaluation of affidavits and consideration of statutory procedure, emphasizing that appellate intervention is unwarranted absent clear misapplication of legal