O.I.C Police Station, Ambalangoda v. Kankanithanthri Nimalasiri de Silva et al. – CA PHC NO. 42/2002-2002

In the case between the Officer in Charge (O.I.C), Police Station, Ambalangoda (Plaintiff) and Kankanithanthri Nimalasiri de Silva (1st Respondent) and Sembakutti Kankani Nimmali (2nd Respondent/Petitioner/Appellant), the court addressed the legal issue of whether the Magistrate’s order placing the 1st Respondent in possession of the disputed land, as affirmed by the High Court, was correct in law. It was held that the 2nd Respondent/Petitioner/Appellant had unlawfully dispossessed the 1st Respondent from the land, and both the initial and appellate court orders were properly grounded on evidence. The principle reaffirmed was that under Section 66 of the Primary Court Procedure Act No.44 of 1979, restoration of possession is warranted when unlawful dispossession is established, provided no