Senarath Mudalige Pabilis Singho vs K.D. Wijethunga – CA PHC/30/2009-2016

In the case between Senarath Mudalige Pabilis Singho and K.D. Wijethunga, the court addressed the issue of whether the appellant unlawfully disturbed the respondent’s possession of a disputed land after dismissal of a prior partition action, and whether the lower courts were justified in affirming measures to prevent a breach of the peace under section 66(1)(b) of the Primary Court Procedure Act. It was determined that the appellant’s acts amounted to an unlawful disturbance and that the factual findings of the Magistrate, supported by the High Court, should not be disturbed absent a gross miscarriage of justice. The court reaffirmed the principle that the revisionary jurisdiction of the High Court is not intended to remedy mere factual errors but addresses substantial miscarriages of just