Hetti Muhandiramalage Podi Menike v. Ellepola Gedara Premeratne and Officer in Charge, Minor Complaints Unit, Police Station, Balangoda – CA PHC 08/2007-2007

In the case between Hetti Muhandiramalage Podi Menike (Petitioner-Appellant) and Ellepola Gedara Premeratne (3rd Party-Respondent-Respondent) and the Officer in Charge, Minor Complaints Unit, Police Station, Balangoda (Applicant-Respondent-Respondent), the court addressed the issue of whether the determinations by the Primary Court and subsequently affirmed by the High Court regarding possession of the land known as Walawewatte were legally sustainable under Sections 66 and 68 of the Primary Court Procedure Act. It was held that both lower courts erred — the Primary Court had made an internally inconsistent order by granting possession despite finding itself unable to determine actual possession as at the relevant date, and the High Court failed to address the applicable legal and factual

REF: CA PHC 08/2007-2007 Category: Tag:
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