Balasooriya Arachchilage Gamini vs. Chandrasekara Mudiyanselage Chaminda Shelton and others – CA PHC CASE NO. 06/2018-2023

In the case between Balasooriya Arachchilage Gamini and Chandrasekara Mudiyanselage Chaminda Shelton, Chandrasekara Mudiyanselage Vijitha Chandrasekara, and Thanthiri Arachchilage Nandasena, the court examined a dispute involving possession of land. The primary issue pertained to the proper party entitled to possession after prior adjudication by a Magistrate and subsequent revision by the Provincial High Court. It was held that the order of the Provincial High Court, which had reversed the Magistrate’s grant of possession, was to be set aside, reinstating the Magistrate’s original order in favor of the Petitioner-Respondent-Appellant. The decision reaffirmed the principle that possession should be awarded on the basis of evidence of actual possession rather than title, particularly in sum