Officer in Charge, Police Station, Gampaha vs Alankarage Anura Kithsiri – CA PHC NO. 189/2016-2023

In the case between Kirihettige Jayashantha Eranda Perera and Illangarama Manori Sujeewani Gnanaratne (1st party) and Alankarage Sumanawathie/Alankarage Anura Kithsiri (2nd party), the court addressed whether forcible dispossession of a premises in Gampaha had occurred and which party remained in lawful possession. It was held that the evidentiary inconsistencies and conflicting witness statements undermined the 1st party’s claim of dispossession, and that utility bill evidence and Grama Seva Reports did not substantiate the 1st party’s assertion. The principle reaffirmed is that possession must be determined on the balance of evidence, particularly as interpreted through statutory provisions of the Primary Courts’ Procedure Act. This decision underscores the necessity for cogent, corrobor