R.M.Anurapala Kehelwatte, Lunugala vs R.M.C.Jagath Ratnayake, KaRunika, Diulgaswatta, Gonagala, Passara – CA PHC 158/2011-2014

In the case between R.M. Anurapala (Respondent-Petitioner, 11th Respondent-Petitioner) and R.M.C. Jagath Ratnayake (Complainant-Respondent, Complainant-Respondent Appellant), the court addressed whether the High Court correctly set aside the Magistrate’s order awarding possession of disputed land under the Primary Court Procedure Act. It was held that the High Court erred in law and fact by disregarding police complaints and threats as evidence of an imminent breach of peace, and by failing to apply the statutory requirement for determining actual possession during the relevant period. The principle reaffirmed is that the determination of actual possession and threat of breach of peace under the Primary Court Procedure Act must be grounded in contemporaneous evidence. The decision relied o