Pallege Arachchilage Thissa Karunaratne vs. Pannila Mohottalalage Wanshapala and Chandrani Dasanayake – CA PHC 239/2017-2022

In the case between Pallege Arachchilage Thissa Karunaratne (1st Party Petitioner-Appellant) and Pannila Mohottalalage Wanshapala and Chandrani Dasanayake (2nd and 3rd Party Respondent-Respondents), the court addressed the issue of entitlement to possession of disputed land, specifically examining whether the orders favoring the Respondents by the Magistrate’s Court and High Court under Sections 66 and 68 of the Primary Courts’ Procedure Act No. 44 of 1979 were legally correct. The appellate court held that the identification of the land constituted a factual rather than a legal issue and could not be raised for the first time at the appellate stage, reaffirming the key principle that appellate review is confined to legal or procedural errors raised previously. It was further determined th