Jeewarani Samanmala Gunasekara v. Indika Balapitiya and Thisara Balapitiya – CA PHC 11/2010-2016

In the case between Jeewarani Samanmala Gunasekara (Appellant) and Indika Balapitiya and Thisara Balapitiya (Respondents), the court addressed whether the Appellant retained constructive possession of leased premises, and whether her dispossession by the Respondents was unlawful under section 66 of the Primary Court Procedure Act. It was held that the Appellant, having leased her property to a foreign national who subsequently executed a sub-lease to the Respondents, no longer retained constructive possession, as there was no evidence of continuing control over the premises. The decision reaffirmed the principle that constructive possession requires evidence of actual dominion or control, referencing Iqbal v. Majedudeen and others, and relied on the requirement that lawful possession be es