Podisingho v. Chandradasa – 1978_79 volume 2 page 093

In Podisingho (petitioner) v. Chandradasa (respondent), the court addressed the procedural requirements in land possession disputes under the Administration of Justice Law, No. 44 of 1973, specifically sections 62 and 63. It was established that the Magistrate is required to personally conduct the inquiry and issue the proper order under section 63(8), even if the parties agree to a third-party resolution. The failure to issue an order in accordance with section 63(8) was found to invalidate the settlement process adopted. The court relied on statutory interpretation of sections 62 and 63, clarifying that statutory procedures governing possession inquiries cannot be waived or delegated by judicial officers. The record was returned to the Magistrate for issuance of an order in compliance wi