Aseervatham Samson v. Mohamen Nazeer – CA PHC 229/15-2021

In the case between Aseervatham Samson (Complainant-Petitioner-Appellant) and Mohamen Nazeer (Respondent-Respondent-Respondent), the court addressed the issue of entitlement to possession of a disputed parcel of land in Mannar, Sri Lanka, under Section 66 of the Primary Courts’ Procedure Act No. 44 of 1979. It was held that the Respondent was in possession of the property during the critical period immediately preceding the application, and that the Complainant failed to establish continuous possession or unlawful dispossession within the statutory timeframe. The decision reaffirmed the principle that restoration of possession is warranted only for the party shown to be in possession during the relevant two-month period preceding the action, as stipulated by Section 68(3) of the Primary Co