Judgement

09.10.2025 Delivered:

D. Thotawatte, J.

The Officer-in-Charge of Gampaha Police Station filed an information in the Magistrate’s Court of Gampaha on 13^th May 2019 under the Provisions of Section 66 of the Primary Court’s Procedure Act No. 44 of 1979 (hereinafter sometimes referred to as “the Act”) to the effect that there was a dispute regarding the possession of a residential property situated in Gampaha (hereinafter sometimes referred to as the “subject premises”) between 1^st Party-Petitioners-Appellants (hereinafter sometimes referred to as “Appellants”) and 2^nd Party-Respondents-Respondents (hereinafter sometimes referred to as “Respondents”).

On 05^th March 2019, 1^st Party 3^rd Petitioner-Appellant (hereinafter sometimes referred to as “3^rd Appellant”) had made a complaint to the police, stating that he was entrusted with the care of the adjoining property by the owner of that property who was residing in Colombo, and on the 22^nd of the previous month (22 February 2019) the 2^nd Party 1^st and 2^nd Respondents-Respondents (hereinafter sometimes referred to as “1^st and 2^nd Respondents”) forcibly occupied the house situated in the said property. On 06^th April 2019, statements o