Yattowita Withanage Niranjan Dilshan Hemapala v. Officer in Charge, Miscellaneous Division, Police Station, Kaluthara South – CA PHC 49/2018-2023

The case between the Officer in Charge of the Police Station, Kalutara South (complainant/respondent), Yattowita Withanage Hasha (1st Party Respondent), and Yattowita Withanage Niranjan Dilshan Hemapala (2nd Party Respondent/Petitioner) addressed the issue of whether the 1st Party Respondent was forcibly dispossessed of the disputed premises under Section 68(3) of the Primary Court Procedure Act No.44 of 1979 and the interpretation of police powers under Section 66 in matters relating to threats of breach of peace over land possession. It was held that a probate does not constitute proof of possession where a valid lease and prior possession have been established and that the 1st Party Respondent was entitled to restoration of possession. The principle reaffirmed is that the police’s funct