Hameedu Abdul Muhuthar v. Mohomad Haniffa Subayar – CA PHC/168/97-2017

In the case between Hameedu Abdul Muhuthar and others (Respondents) and Mohomad Haniffa Subayar and another (Appellants), the court addressed the issue of the right to possession of land used as a school playground, with the central legal question focusing on whether the respondents or the appellants were in actual possession within the meaning of Section 66 of the Primary Court Procedure Act. It was held that actual, recent possession, rather than ownership, is the relevant criterion to resolve disputes under these proceedings. The judgment reaffirmed the principle that Section 66 proceedings are aimed solely at determining who was in possession at the material time, not ownership, relying on established precedent including Ramalingam v. Thangarajah. The court emphasized that ambiguous su