S.A.W. Premadasa v. M.K. Raththaranhamy – 597/97 F -2017

In the case between M.K. Raththaranhamy (Plaintiff-Respondent) and S.A.W. Premadasa (Defendant-Appellant), the court addressed whether the holder of a State land permit issued under the State Lands Ordinance is entitled to a declaration of title to such land. The court determined that mere possession under a government-issued permit does not equate to ownership and cannot support an action for declaration of title. The principle reaffirmed is that only legal ownership, not constructive or permissive possession, allows for declaratory title actions. This decision drew upon the State Lands Ordinance and relevant case law, underscoring that declaratory actions require ownership rather than permission to occupy and clarifying the legal limits of rights conferred by state permits.

Janak De Sil