Konkaduwa Gamage Sumanasiri vs Hettiarachchige Dharmadasa alias Pemadasa – CA PHC 149/04-2016

In the case between Konkaduwa Gamage Sumanasiri (Appellant) and Hettiarachchige Dharmadasa alias Pemadasa, Hettiarachchige Shantha, and Ranasinghege Gnanawathi (Respondents), the court addressed the issue of rightful possession of a tea estate following the death of the previous possessor, Kirigoris Appuhamy. It was held that the 1st Party-Respondent, Hettiarachchige Dharmadasa alias Pemadasa, had actual possession of the land at the relevant time. The principle reaffirmed was that determinations under section 66 of the Primary Courts’ Procedure Act regarding possession are based on actual possession at the time of the dispute. The decision relied on evaluation of factual possession and the exclusion of documentary evidence found inadmissible, underscoring that appellate review would not d