Thilak Kumara Udugama v. D G Rathnayaka and Others – CA PHC/230/2001-2017

In the case between Thilak Kumara Udugama (Appellant) and D G Rathnayaka, Morris Ernest Weragoda, W R Braganrich, and Gunathillake of Trinity College, Kandy (Respondents), the court addressed whether the Appellant was entitled to possession of disputed land under section 66(1)(b) of the Primary Courts Procedure Act. It was held that the orders of both the Primary Court and the Provincial High Court, which had denied the Appellant’s claim to possession, lacked a sufficient legal and factual basis and should be set aside. The underlying principle reaffirmed was that proceedings under sections 66 and 68 pertain to interim preventive measures, not final determinations of title or permanent possession. This decision relied on the Primary Courts Procedure Act and recognized the established appro