Officer in Charge, Police Station, Ahungalla vs Devamuni Ratnasena – CA PHC 22/2004-2022

In Officer in Charge, Police Station, Ahungalla v. Devamuni Ratnasena and others, the court addressed whether certain respondents were entitled to a right of way across the land of the 7th Respondent-Appellant, Kumarasinghe Indraneela Manohari Perera. The central issue was whether the access constituted a 12-foot-wide roadway or a mere footpath and whether the evidence supported the existence of such right under Section 69(1) of the Primary Courts’ Procedure Act. The Magistrate initially recognized only a footpath, not a full roadway. Upon revision, the High Court allowed broader access as per police observations. The 7th Respondent-Appellant challenged the clarity and sufficiency of the evidence. Ultimately, it was held that, on the balance of evidence and law, the respondents established