Kusuma Sri Wanasinghe v. Princymala Abeysuriya – SC APPEAL 176/2016-2018

In the case between Kusuma Sri Wanasinghe and Princymala Abeysuriya, with Appuhannadige Kotahewage Lesly Ariyasinghe as Petitioner-Appellant, the court addressed the issue of whether the Petitioner-Appellant was in legal possession of disputed property at the time of execution of the writ, despite an absence of physical occupation. It was held that possession within the meaning of Section 328 of the Civil Procedure Code does not necessarily require continuous physical occupation. The findings established that documentary evidence—including deeds, endorsements from the Ceylon Electricity Board, and key possession—supported the Petitioner-Appellant’s claim to possession on his own title. Orders of the District Judge and Civil Appellate High Court dismissing the Section 328 application were s