Bank of Ceylon v. Gunapalage Jayarathne – CA PHC 107/2005-2017
In the case between Bank of Ceylon and Gunapalage Jayarathne (Inoka Stores), the court addressed issues including the Bank’s entitlement to recover an agricultural loan, the applicability of the Agrarian Services Act, and questions under the Prescription Ordinance. It was held that the recovery action was not time-barred, statutory documentation was adequate, and procedural requirements under the relevant Agrarian statutes were fulfilled. The principle was reaffirmed that loan recoveries for agricultural purposes through summary proceedings are governed by specific statutory provisions, not the general law of prescription. This decision relied on the correct application of the Agrarian Services Acts and relevant savings clauses, emphasizing the streamlined, summary process for enforcing su

