Ranabahu Mudiyanselage Ranjith Jayatissa v. Ranabahu Mudiyanselage Senarath Bandara – CA 891/1997-2018

In Ranabahu Mudiyanselage Senarath Bandara (plaintiff) v. Ranabahu Mudiyanselage Ranjith Jayatissa (defendant), the court addressed whether a permit-holder under the Land Development Ordinance can obtain a judicial declaration of ownership to state land against a party claiming on the basis of a subsequent permit, and what remedies are available. The holding established that permits granted under the Ordinance do not confer full ownership as understood under Roman-Dutch law, especially the right of alienation, and permit-holders cannot be declared owners in the classical legal sense. Referencing the Ordinance’s statutory scheme and prior Supreme Court authorities, it was determined that only a declaration of lawful permit-holder status—not ownership—may be granted. Where such a declaration