Officer in Charge vs. L.H.P Leslie Rajapakse and others – CA PHC/209/2015-2021

In Officer in Charge, Ratnapura Police Station v. H. Premaratne and L.H.P. Leslie Rajapakse, the court addressed the issue of whether L.H.P. Leslie Rajapakse or H. Premaratne was in lawful possession of the shop premises “THE NEW HOME NEEDS” at the material time, and whether Rajapakse had been forcibly dispossessed, triggering the relief provided under Section 68(3) of the Primary Courts’ Procedure Act. It was held that Rajapakse had uninterrupted possession of the shop until 21.05.1994, when Premaratne unlawfully dispossessed him, entitling him to restoration of possession. The principle reaffirmed was that statutory relief for restoration of possession is available when unlawful dispossession within the statutory period is established by cogent evidence. The decision relied on a comprehe