Kahangamage Samantha Pushpakumara v. Rev. Mahamalage Nicolas Joseph Fernando et al. – C A PHC/APN 95/2015-2017

In the case between Rev. Mahamalage Nicolas Joseph Fernando and Illekuttige Godfrey Hedivipssu Noel Fernando (Respondents) and Kahangamage Samantha Pushpakumara and Angammana Ranpanhida Samaradiwakara Illangakoon Senanayake Rajapaksha Rajakaruna Wasala Mudiyanse Ralahamilage Ananda Wijaya Angammana (Petitioners), the Court addressed entitlement to possession of disputed land following conflicting orders by the Primary Court and the Provincial High Court. It was held that the Respondents (church interests) were entitled to possession, based on evidence including registration in the agricultural land register, contemporaneous police observations corroborating their claim to continuous use, and credible explanations for temporary non-cultivation due to roadworks. The principle affirmed was th