The Officer-in-Charge, Police Station of Nuwara Eliya vs Kandan Maharaja – CA PHC 104/2016-2022

In the dispute between the 1st Party-Respondent/Petitioner (employee/licensee) and the 2nd Party-Respondent/Appellant (employer/property owner), the court addressed the legal issue of whether possession by an employee under a license in an employer–employee relationship is protected as “actual possession” under Section 66 of the Primary Courts’ Procedure Act. It was held that when an individual, even as a licensee or servant, is in actual physical possession of premises prior to eviction, such possession is protected, and removal may only occur following due process. The court reaffirmed the principle that actual possession, rather than title, is determinative in summary proceedings under Section 66. This holding relied on statutory interpretation of Section 66, consideration of Section 14