Kuda Kandayalegedara Magilin Selawa Hemmathagama v. Peris Fernando Selawa Hemmathagama – CA NO:779/97 F -2017

In the case between Kuda Kandayalegedara Magilin Selawa Hemmathagama (substituted by Pattiyagamayale Gedara Sunil Premarathna) and Peris Fernando Selawa Hemmathagama, the court addressed the issue of entitlement to absolute ownership and possession of specified land, including identification of the disputed property and entitlement to damages for alleged wrongful occupation. It was held that the plaintiff was entitled to be declared absolute owner and to recover possession, reaffirming the principle that appellate courts will not interfere lightly with findings of fact based on primary evidence and witness demeanor by the trial court. The decision relied substantially on *Alwis v. Piyasena Fernando* (1993), emphasizing that clear evidentiary shortcomings in the defendant’s case and the tri