Leslie Kumara Kariapperuma vs Don Leslie Marcus Amerasinghe – CA PHC 68/2009-2015

In the case between Leslie Kumara Kariapperuma (Petitioner-Appellant, Party of the 2nd Part) and Don Leslie Marcus Amerasinghe (Respondent, Party of the 1st Part), the court addressed the issue of determining lawful possession of a land parcel, following allegations of forcible dispossession and breach of peace. It was held that the 1st Part had been dispossessed by the 2nd Part within the critical two-month window stipulated by Section 66 of the Primary Courts Procedure Act No. 44 of 1979. The court reaffirmed the principle that inquiries under Section 68(3) focus on actual possession rather than title, with reliance placed on established case law including Ramalingam v. Thangarajah. The decision reinforces the necessity for courts to maintain peace by promptly restoring possession to the

REF: CA PHC 68/2009-2015 Category: Tag:
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