Francis Don Turin Perera vs John Balasundaram Pulle – CA PHC/10/2018-2025

In the matter of Francis Don Turin Perera v. John Balasundaram Pulle and Randheer Rodrigo, the court addressed whether the appellant’s application for restoration of possession under section 66 of the Primary Courts’ Procedure Act was properly dismissed on the ground that there was no foreseeable breach of peace and on the interpretation of procedural requirements for lodging such a complaint. It was held that both private parties and the police possess equal standing in initiating proceedings under section 66(1)(b), thereby affirming the jurisdictional basis for a private party’s application. The court reinstated the importance of addressing the merits of each case irrespective of the complainant’s status, with reliance on the constitutional and statutory framework. This decision reinforc