Game Kankanamge Sumanawathie Vs. D.M.K. Perera and others – CA PHC 63/2003-2016

In the case between Officer-in-charge, Police Station, Pitigala (Complainant) and G.K. Sumanawathie, D.M.K. Perera, K.B. Chartin (Respondents), the court addressed the validity of orders issued by the Primary Court and High Court concerning a land dispute regarding a mahogany tree and an alleged breach of the peace. It was held that the orders of both lower courts were unsustainable, as the dispute involved matters of boundary demarcation, settlement procedure, and state land issues that lay outside the summary jurisdiction of the Primary Court and required civil court determination. The decision reaffirmed the principle that boundary and substantive property disputes must be resolved through proper civil proceedings rather than under the limited scope of the Primary Court Procedure Act. T

REF: CA PHC 63/2003-2016 Category: Tag:
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