Jamis v. Kannangara – sllr 1989 volume 2 page 350

In the case between Jamis (Petitioner) and Kannangara (Respondent), the court addressed whether an order made under section 69(2) of the Primary Courts Procedure Act, which is designed to be prohibitory, can lawfully include a direction to remove a structure erected on the land. It was held that section 69(2) permits only a prohibitory order that prevents interference with the enjoyment of rights, not a positive order compelling removal of structures. The legal principle reaffirmed that provisions meant to prevent interference do not extend to authorizing affirmative remedial measures such as demolition. Reliance was placed on Banerjie v. Rahman and interpretation of the Act, emphasizing that relief should be restricted to prevention of continued interference. The order of the Primary Cour