Officer-in-Charge, Minor Complaints Division, Police Station, Ratnapura v. Dona Sakila Thilani Sunethradevi Kahandawela et al – CA PHC 85/2016-2021

In the case between Dona Sakila Thilani Sunethradevi Kahandawela and Peli Muhandiram Sunil Premadasa, the court examined whether failure to affix notices on disputed land pursuant to Section 66(4) of the Primary Courts Procedure Act (PCPA) invalidates the orders of the Magistrate’s or High Court, and whether the absence of exceptional circumstances justified revisionary intervention by the appellate court. The findings established that the omission to affix notice constitutes a procedural irregularity and does not affect jurisdiction where all parties were represented and participated without timely objection, and no prejudice resulted. It was affirmed that the question of property ownership lies outside the appellate forum’s purview and is for determination by a competent court. The appea