Punchi Banda v. Siriwardene and Others – sllr 2002 volume 2 page 281

In Punchi Banda v. Siriwardena & Others, the court addressed the issue of whether the plaintiff-petitioner should be recognized as the tenant cultivator, considering the distinction between actual and constructive possession under relevant agrarian laws. It was held that the plaintiff’s possession was only constructive and not sufficient to override the existing tenancy rights of the defendant, affirming that constructive possession is subordinate to actual tenancy where such occupancy is already recognized by law. The decision relied on the Agrarian Services Act and the Civil Procedure Code (sections 217, 323, 325), maintaining that these provisions do not afford relief to parties without standing as judgment creditors. This outcome underscores the principle that statutory tenant rights t