Officer in Charge, Police Station, Elpitiya vs Siripala Udugamasuriya and Dissanayake Wijesinghe Jinapala – CA PHC 150/2008-2016

In the case between the Officer in Charge, Police Station, Elpitiya and Dissanayake Wijesinghe Jinapala (2nd Respondent/Appellant) and Siripala Udugamasuriya (1st Respondent), the court addressed whether the 2nd Respondent was in possession of disputed state land under Section 66(1)(a) of the Primary Court Procedure Act at the time of the relevant complaint. The sequence of events involved police intervention due to a dispute regarding the cutting of two jack trees. The 1st Respondent claimed longstanding possession of the land, while the 2nd Respondent asserted actual possession through a title deed, maintenance of a tea plantation, and a permit to cut the trees. The Magistrate and High Court initially ruled in favor of the 1st Respondent, ordering restoration of possession. However, upon