Gammadda Widanalage Nilantha Rohana Abewardhana vs. Pannila Mohottilage Jayathilaka – CA PHC APN 52/2017-2023

The case between Gammadda Widanalage Nilantha Rohana Abeywardhana (Plaintiff) and Pannila Mohottilage Jayathilaka (Defendant) concerned whether action brought by the Plaintiff, alleging obstruction and forcible dispossession due to the Defendant’s erection of a concrete fence, fell within the statutory protection provided under Section 68(3) of the Primary Court Procedure Act. The initial action was dismissed by the Magistrate due to erroneous computation of the statutory two-month period for filing, with the Petitioner contending proper possession was established within time. On review of factual records including police complaints and evidentiary material, it was determined that the period had been miscalculated and the dismissal was in error. Orders of the Magistrate and High Court were