Weliwitigoda v. U.D.B. De Silva, and Others – sllr 1997 volume 1 page 051

In the case between Weliwitigoda (Plaintiff) and U. D. B. De Silva and Others (Defendants), the court addressed the issue of the powers of a Fiscal in executing a writ under Sections 324, 325, and 328 of the Civil Procedure Code and the effect of an unsubstantiated claim of tenancy by an occupant during execution proceedings. It was determined that a mere claim of tenancy, unsupported by prima facie evidence, does not prevent the delivery of vacant possession to a judgment creditor. The findings established that any claim under the proviso to Section 324 must be objectively tenable at the outset, and the proper procedure should be observed when such claims are raised. Orders from lower courts and interim stays were reviewed, and it was concluded that the initial handling of the execution a