Thwarapperuma Arachchige Don Sugathadasa v. Sunil Kulasekara – CA PHC/100/2008-2008

In the case between Thwarapperuma Arachchige Don Janaka Sujeewa and others (Appellants) and the Officer in Charge, Police Station, Balapitiya and Elpitiya (Respondents), the issue concerned entitlement to possession of a disputed land parcel, centering on whether the Appellants proved dispossession within two months preceding the police complaint as required under Section 66 and Section 68(3) of the Primary Court Procedure Act. The finding established that the Appellants failed to establish the requisite period of dispossession, and that the Respondents in possession at the time of the complaint were entitled to retain possession. The decision reaffirmed the principle that the burden of proving dispossession within the statutory period rests on the parties seeking restoration, as clarified