Shahul Hameed Mohomed Ruwais vs Mohamedu Mohomed Thamby – CA PHC/141/2013-2018

In the case between Shahul Hameed Mohomed Ruwais (Appellant) and Mohamedu Mohomed Thamby (Respondent), the court examined whether the Appellant was entitled to possession of Shop No. 18, Main Street, Puttalam, under section 68(1) and (2) of the Primary Courts Procedure Act No. 44 of 1979. The need for clarification arose following a Supreme Court remittal querying whether appellate relief (specifically, delivery of possession as requested in prayer (b) of the Petition of Appeal) had been granted. It was held that the Appellant’s right to possession had been affirmed and that, under the relevant statutory provisions, the Respondent was not shown to be in possession. The court reaffirmed that entitlement to possession is determined based on who was in possession at the time the application w