Ponnaiah Adhistravelu vs D R Dharmawardana Dissnayaka – CA PHC/124/2012-2018

In the case between Ponnaiah Adhistravelu (Appellant) and D R Dharmawardana Dissanayaka with D R Pushpakumara Dissanayaka (Respondents), the court addressed the issue of entitlement to possession of disputed premises at the time of the application under section 66(1)(b) of the Primary Courts Procedure Act No. 44 of 1979. It was held that the Appellant was entitled to possession, and the Provincial High Court’s order—setting aside the Primary Court’s determination on the basis of a pending District Court appeal—was not justified. The court reaffirmed that a concluded District Court action, which found the Appellant in possession and protected by the Rent Act, removed any basis for depriving possession pending further appeal. Reliance was placed on the operative effect of the Rent Act and th