S.A. Waheed vs R.A.I. Chamara and others – CA PHC 43/2021-2025

This case involves an appeal concerning a dispute over the possession of a residential property in Gampaha. The OIC of Gampaha Police Station filed information under Section 66 of the Primary Court’s Procedure Act, alleging a dispute between the Appellants and Respondents. The Appellants claimed forcible dispossession by the Respondents. The Magistrate’s Court and subsequently the High Court ruled in favor of the Respondents, finding that the Appellants failed to establish dispossession within the statutory two-month period immediately preceding the filing of information. The Court of Appeal upheld these decisions, dismissing the Appellants’ appeal and affirming the strict interpretation of the relevant procedural provisions.

Damith Thotawatte, J. – The procedural history from the Magis