Liyana Arachchige Asanka Maduranga vs Jayaratna Muhandiramge Lasantha Sanjula and others – CA PHC 140/2020-2025

In the matter of an appeal concerning premises No. 145 Jampettah Street, Colombo 13, the court addressed the issue of unlawful dispossession and the scope of the Primary Courts’ Procedure Act (PCPA) in resolving possession disputes. The court held that the PCPA’s jurisdiction is quasi-criminal, aimed at preserving the status quo and preventing breaches of peace, rendering title deeds of secondary importance in such proceedings. The decision reaffirmed the principle that even a lawful owner cannot forcibly oust a possessor, and title disputes should be resolved in civil courts. This decision relied on the PCPA, emphasizing that the focus is on preventing disruption of possession through force, not on determining ultimate title.

D. Thotawatte, J. – The procedural history commenced with a