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2025 Supreme(SRI)(CA) 329

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
S. U. B. Karalliyadde, J
Palamandadige Rose Kumari Nishanthi Fernando and Others – Appellant
Versus
Hon. S. M. Chandrasena Minister of Lands and Others – Respondent


Advocates:
Saliya Pieris, PC, with Anjana Rathnasiri and Thilini Rankoth instructed by Manjula Balasooriya for the Petitioners.
Chrishmal Warnasuriya with Dinali Nishshanka instructed by Mr. Iynullah for the 4th to 7th Respondents.
Panchali Witharana, SC for the 1st, 2nd, 3rd and 8th Respondents.

S. U. B. Karalliyadde, J.

The argument of this matter has been concluded before His Lordships Justice M. T. Mohammed Laffar (ACT. P/CA) and me, and the Judgment was reserved by Justice Mohammed Laffar. Nevertheless, by the date of the judgment, Justice Mohammed Laffar had retired. With the consent of all parties, I deliver this judgment as a single- bench judgment.

The Petitioners in this Application are land owners of a portion of land called ‘Berawakandawatta’ that is the subject matter of this Application (Lot 1 in extent of 0.239 Hectares in the Preliminary Plan No. ක1977 marked as P46). The Petitioners state that they became the owners of the said land by virtue of deeds marked as P9, P10, P20, P32 and P39. The 2nd to 5th Petitioners were served with quit notices on 25.02.2025 under Section 3 of the State Lands (Recovery of Possession) Act, No. 7 of 1977 (as amended), to vacate the land in question and hand over the possession to the National Water Supply and Drainage Board (6th Respondent). Thereafter, to recover the possession of the land, an application under Section 5 of the State Lands (Recovery of Possession) Act was made against the 2nd to 5th Respondents in the Magistrat

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