Gunawardena vs. Dharmasena – sllr 2012 volume 2 page 368

The case between Gunawardena (plaintiff/appellant) and Dharmasena (defendant/respondent) addressed whether a permit holder under the Land Development Ordinance may institute an action for a declaration of title to state land, or is limited to seeking possession. The court determined that a permit holder is entitled only to possession and not to a declaration of title, reaffirming the principle that statutory definitions under the Land Development Ordinance restrict a permit holder’s rights. The decision relied on a strict interpretation of the term “owner” as defined in Section 2 of the Ordinance, emphasizing that only the holder of a government-issued grant may claim ownership. The result set aside the erroneous reversal by the Court of Appeal and restored the original order in favor of p