Kahandawala Arachchige Naleena Prabashini v. W A Siriwardena & The Attorney General – CA PHC 240/2003-2014

In the case between Kahandawala Arachchige Naleena Prabashini (Respondent-Appellant) and W A Siriwardena, The Director General, Urban Development Authority (Complainant-Respondent-Respondent), the court addressed the issue of whether proper legal procedure was followed in the Magistrate’s Court before ordering ejectment under the State Lands (Recovery of Possession) Act, including the grant or denial of a postponement to produce documentary evidence and the application of Section 183 of the Code of Criminal Procedure. It was held that proceedings under the State Lands (Recovery of Possession) Act do not attract the operation of Section 183 of the Criminal Procedure Code and that the appellant bore the burden to establish lawful occupation, which was not discharged. The court emphasized tha