Polpitige Mary Nelka Perera vs Asoka Saman Kumara Jayalath – CA PHC 0155/2019-2025

In the matter of Polpitige Mary Nelka Perera vs Asoka Saman Kumara Jayalath, the court addressed the issue of the availability of revisionary jurisdiction against a Magistrate’s ejectment order under the State Land (Recovery of Possession) Act No. 7 of 1979. It was held that the High Court erred in dismissing a revision application on the ground that only appeals are provided for, reaffirming the principle that revisionary jurisdiction is available even when no right of appeal exists. This decision relied on Section 10(2) of the State Land (Recovery of Possession) Act No. 7 of 1979 and Section 5 of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990, emphasizing that the latter outlines appeal procedure, not a right of appeal against ejectment orders.

K. M. S. DISSAN