Cibil Henriyata Muththettupola vs. Budsingha Mudiyanselage Heen Manike – CA PHC 180/06-2014

In the case between Cibil Henriyata Muththettupola and others, and the 2nd Party-Petitioner-Respondents including Sinhapura Lekamlage Chandrasena and others, the issue concerned whether the Magistrate’s Court possessed jurisdiction to determine a dispute regarding “Ande” (cultivation) rights to a paddy field. It was held that such a dispute fell squarely within the purview of the Agrarian Development Act No.46 of 2000, and therefore should be adjudicated by the statutory tribunal established under that Act rather than by the Magistrate’s Court. The authority of Mansoor v. O.I.C. Awisawella Police and Another was relied upon, which established that where a special statute prescribes a particular forum or remedy, that procedure must be followed. Orders issued by the lower courts were declare