IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Dhammika Ganepola, J
Mrs. Nagaratnam Sakunthala – Appellant
Versus
Commissioner of Lands (Northern Province) Department of Land Administration Northern Provincial Council and others – Respondent
Dhammika Ganepola, J.
The Petitioner’s father, Velupillai Ponnuththurai, had entered into possession of the State land called “KARACHCHCHIKADU” situated at Kandawalai in Paranthan upon a permit bearing No. LD/E/157/20 (P1) which was issued under the Land Development Ordinance (hereinafter sometimes referred to as “LDO”) by the Government Agent of Jaffna on 01.04.1959. Upon the death of the said Ponnuththurai in 1978, his wife, Pakkiam Ponnuththurai, had succeeded upon the said Permit in terms of Section 48 of the LDO. Said Pakkiam Ponnuththurai, before her death in 1985, had transferred her rights under the said permit to her daughter, the Petitioner. The above permit holders had continuously used the impugned land for cultivation of paddy and had the possession and the control of the said land until the Petitioner was displaced in 1996, owing to the civil war that prevailed in the area at the time.
In 2002, following the ceasefire, when the Petitioner had visited the said land, she had noticed that the 5th and the 6th Respondents, without any rights or interest, had entered the land illegally and were remaining there. The Petitioner had immediately made representations to the 2nd Re
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