Siriweera vs Liyanage et al. – CA PHC NO. 251/2005-2005

In the case between R. J. Siriweera and L. J. Siriweera (Complainant Party of the First Part / Petitioners) and Dinesh Liyanage, Gunasena Gamwara, Errol Kuruppu, G. H. Buddhadasa, and others (Respondent Party of the Second Part / Respondents), the court addressed the issue of whether the appellants had demonstrated exclusive possession of a two-perch subdivided land under Section 66 of the Primary Courts Procedure Act or whether the land was held in common by all parties. The court held that there was no evidence to establish exclusive possession by the appellants, reaffirming the principle that courts will not disturb findings of shared or common possession absent clear proof to the contrary. This decision relied on the findings of the Magistrate and the Provincial High Court, emphasizing