The Officer in Charge, Police Station, Hikkaduwa vs. Hewa Giganage Upali Navaratne – CA APPEAL NO. 169/2011-2016

In the case between Hewa Giganage Upali Navaratne (Appellant) and Thalatha Mervyn Weihena (Respondent), the court addressed the issue of rightful possession concerning a land called Divelwatta, Hikkaduwa, and whether the Respondent had been unlawfully dispossessed within the statutory period preceding a complaint under Section 66 of the Primary Courts Procedure Act. It was held that the Respondent, who had been in possession, was unlawfully dispossessed by the Appellant during this period. The court reaffirmed the principle that under Section 66, the primary consideration is the possession status on the relevant date or recent dispossession within two months prior to the complaint. This decision upheld the prior orders of the Magistrate and the High Court, emphasizing that relief under Sec