Officer-in-Charge Katugastota Police Station vs Kulugamana Walakadawatte Gedera Kusumalatha and others – CA PHC 02-2020-2024

Brief
In the dispute between the 2nd Party Respondent-Petitioner (Appellant) and the 1st Party Respondent (Respondent), the court addressed the issue of entitlement to possession of a disputed land under Section 66 of the Primary Courts’ Procedure Act, following a reported breach of peace. It was held that proceedings were properly initiated; the Magistrate’s decision granting possession to the Respondent was justified; and the revision application had been rightly dismissed by the High Court due to a lack of exceptional circumstances and insufficient evidence from the appellant. The principle reaffirmed is that revisionary jurisdiction will not be exercised absent demonstration of exceptional circumstances, and that alleged claims must be substantiated with adequate evidence. Reliance was

REF: CA PHC 02-2020-2024 Category: Tag:
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