Herathge Chandrawathi vs Hon. Attorney General – CA PHC/12/2013-2018

In Herathge Chandrawathi v. Divisional Secretary, Galenbindunuwewa and Hon. Attorney General, the court addressed whether the appellant was lawfully entitled to retain possession of state land and whether such possession could be defended against eviction proceedings instituted under the State Lands (Recovery of Possession) Act. It was held that the appellant, having failed to establish lawful authority or a valid permit for possession as required by the Act, could not resist eviction. The principle reaffirmed is that the scope of inquiry in such proceedings is strictly confined by statute, with the onus on the occupier to demonstrate lawful entitlement. Reliance was placed on the clear language of the Act and established authorities, underscoring that broader defences or inquiries are not

REF: CA PHC/12/2013-2018 Category: Tag:
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