M.P.S. Wijesinghe Vs T.K.J. Chandrasekera & Others – SC APPEAL 159/2015-2015

In the case between M.P.S. Wijesinghe (Plaintiff) and T.K.J. Chandrasekera with the Board of Trustees of the Wellawaya Mohideen Jumma Mosque (Defendants/Intervenient Petitioners), the court addressed the issue of entitlement to possession and the proper extent of a paddy field as determined by title, survey, and judicial orders. It was held that the Plaintiff was entitled to retain possession, as the appeal by the intervenient petitioners lacked merit due to insufficient evidence of dispossession, procedural irregularities in their application, and inability to claim a greater extent of land than awarded by decree. The principle reaffirmed is that relief under Section 328 of the Civil Procedure Code requires proof of dispossession, not title alone, and that judicial execution must strictly