Rajakaruna Wasala Mudiyanselage Nihal Rajakaruna vs. Aditya Bahmana Ralalage Wijekoon et al. – CA PHC 130/2015-2021

In Rajakaruna Wasala Mudiyanselage Nihal Rajakaruna v. Aditya Bahmana Ralalage Wijekoon and Others, the court addressed the issue of whether the Plaintiff-Appellant was in exclusive and lawful possession of the disputed land, including house No. 112 Bathalagala, Weligalla, within the two months preceding the filing of information under Section 66 of the Primary Court Procedure Act, and whether forceful dispossession by the Respondents warranted restoration of possession under Section 68(3). The court held that neither exclusive possession nor forceful dispossession was established by the Plaintiff-Appellant, reaffirming the principle that relief under Section 68(3) demands clear proof of both possession and recent unlawful dispossession. Reliance was placed on authorities such as Ramalinga

REF: CA PHC 130/2015-2021 Category: Tag:
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