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2025 Supreme(SRI)(CA) 321

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
D. THOTAWATTA, K. M. S. DISSANAYAKE, JJ
Nawurunnage Sarath Kumara – Appellant
Versus
R. B. Rathnayake – Respondent


Advocates:
Niranjan Arulpragasam with Lasika Udayangani instructed by Dinesh De Silva for the Respondent-Petitioner-Appellant.
Pulina Jayasuriya, S.C. for the Applicant-Respondent-Respondent.

K. M. S. DISSANAYAKE, J.

This is an appeal filed before this Court by the Respondent-Petitioner-Appellant (hereinafter called and referred to as ‘the Appellant’) against the order of the learned High Court Judge of the Sabaragamuwa Province holden at Embilipitiya dated 03.12.2019 made in revision application bearing No. HC RA 01/2017.

The facts relevant to the instant appeal as can be gathered from the petition of appeal, may be briefly, set out as follows;

The Applicant-Respondent-Respondent (hereinafter called and referred to as ‘the Respondent’) had made an application to the Magistrate Court of Embilipitiya in case bearing No. 41884/17 under and in terms of the provisions of Section 5 of the State Lands (Recovery of Possession) Act No. 07 of 1979 (as amended) (hereinafter called and referred to as ‘the Act’) for the eviction of the Appellant from a State Land as morefully described in the schedule to the application (hereinafter called and referred to as the ‘State Land’). The Appellant who appeared before the Magistrate Court of Embilipitiya in pursuant to the summons issued on him by Court to appear and show cause against the application made to Court by the Respondent under Sec

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