Dunuwita Liyange Chandrika v. D. Wijesinghe and Kalumuni Himali – CA PHC 50/2008-2016

In the case between Dunuwita Liyange Chandrika and Kalumuni Himali, the court addressed the issue of whether the right to use a disputed roadway, as recognized by the Magistrate’s Court and affirmed by the High Court, should be upheld or set aside on appeal. It was held that the lower courts had correctly determined the entitlement to the use of the roadway, and there was no sufficient ground for appellate interference. The decision reaffirmed the principle that rights under Section 66 of the Primary Court Procedure Act, particularly concerning land use and obstruction, hinge on established use and entitlement, as interpreted in precedential case law such as Ramalingam vs. Thangarajah. The judgment emphasized the importance of upholding established findings of fact and legal reasoning by l

REF: CA PHC 50/2008-2016 Category: Tag:
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