Letchumi v. Perera and Another – sllr 2000 volume 3 page 151

In the case between Letchumi (Petitioner) and Perera and Another (Respondents), the court addressed the issue of whether a party dispossessed on the execution of a decree could claim a right to the property by establishing possession in their own right, independent of the rights derived from the judgment debtor. It was held that only possession proven in one’s own right, and not through rights flowing from the judgment debtor, can form the basis of such a claim. The court reaffirmed the principle that Section 329 of the Civil Procedure Code provides an alternative remedy that must be strictly adhered to, preventing circumvention of its statutory intent. This decision relied on statutory interpretation and analysis of the evidence presented, emphasizing the importance of preventing evasion