Deepal Sooriyarachchi v. Seramge Seetha Alwis – CA PHC 190/2014-2014

In Deepal Sooriyarachchi (Appellant/son) v. Seramge Seetha Alwis (Respondent/mother), the court considered the issue of possession of a residential premises under section 66 of the Primary Court Procedure Act, addressing whether the Appellant had been dispossessed within two months prior to the police filing information regarding a breach of peace. The court determined that possession—rather than ownership—was the decisive factor; the Respondent was found to have both physical and legal control of the premises, with the Appellant classified as a licensee rather than one in independent possession. The appeal was dismissed, upholding the previous orders, and costs were imposed on the Appellant. This decision affirms the principle that mere co-habitation or familial relationship does not esta