Ran Patabendige Sudath Rashon et al. vs Pederzani Pier Luigi Daniel et al. – 20/2017-2023

In the case between Ran Patabendige Sudath Rashon and Pederzani Pier Luigi Daniel, the court addressed the issue of rightful possession of hotel premises following the destruction of the original building by a tsunami, and the subsequent occupation disputes. The court held that Section 68(3) of the Primary Courts Procedure Act was applicable, as there was compelling evidence of forced dispossession within a two-month period, thereby requiring restoration of possession to the party wrongfully dispossessed. The decision reaffirmed that when forcible dispossession is established within the relevant timeframe, specific statutory remedies must be applied, consistent with legal precedent and statutory mandates. The Court of Appeal affirmed the High Court’s order, emphasizing that proper statutor