Somalatha Kumarage v. Jayantha Parakrama Akuratiyagama – CA PHC/APN 79/2016-2017

In the case between Somalatha Kumarage, Gorakanage Sumanawathi Alwis, and Jayantha Parakrama Akuratiyagama, the court addressed whether the revision of the Primary Court’s order by the Provincial High Court regarding possession of disputed land was correct, and whether the Primary Court Judge erred in applying section 68(3) of the Primary Courts Procedure Act by treating the dispute as dispossession instead of disturbance of possession. It was held that the Primary Court Judge misapplied section 68(3), as the dispute involved disturbance of peaceful possession rather than forcible dispossession, and section 68(1) should have been relied upon to determine possession at the time of the complaint. The decision was based on statutory interpretation of the Primary Courts Procedure Act and relev