M. Sampath K. B. Wijeratne J.

Introduction

The 1^st and 2^nd Respondent-Petitioner-Petitioners (hereinafter referred to as the ‘Petitioners’) have filed this revision application against the Petitioner- Respondent-Respondent (hereinafter referred to as the ‘Respondent’), seeking to revise the judgment delivered by the High Court Judge of Puttalam on 14^th December 2023. The High Court Judge had refused to revise the order made by the learned Magistrate of Anamaduwa on 13^th October 2022 in an application instituted under Section 66(1)(b) of the Primary Courts Procedure Act No. 44 of 1979 (hereinafter referred to as the ‘Primary Court Procedure Act’). Additionally, the Petitioners seek to have the aforementioned order of the Magistrate be set aside.

Factual background

The Respondent initially filed a Petition on 7^th February 2022 in the Magistrate’s Court of Anamaduwa under Section 66(1)(b) of the Primary Courts Procedure Act, which was subsequently amended on 8^th March 2022. The learned President’s Counsel for the Petitioners alleged that the Respondent altered the scope of the application in the amended Petition. However, as this matter was not raised by the Petitioners in the original Court, I will not treat it as an issue for determination by this Court.

Along with the information submitted to the Magistrate’s Court, the Respondent also filed several documents to support his contention, [At pages 184 to 278.]

In response, the 1^st Petitioner submitted an affidavit along with several documents to establish his possession, [At pages 326 to 366.]

The Respondent filed a counter-affidavit and submitted documents to challenge the Petitioner’s claim of possession, [At pages 283 to 319.]

Analysis

It is undisputed that the subject matter of this application is the Bethel Church located in Serukale, Siyambalagaswewa, Anamaduwa.

The Respondent claims to be the President, Chief Priest, and Head of the Administrative Board of Directors of the ‘Assembly of God of Ceylon,’ established under Act No. 53 of 1947. He asserts that approximately 45 pastors serve under him, including the 1^st and 2^nd Petitioners. The 1^st Petitioner serves as a pastor at Bethel Church, located in Serukale, Siyabalagaswewa, Anamaduwa, which was constructed using funds contributed by the devotees of the said Chapter. The Respondent further states that the Church was built on land purchased from its permit holder, Nirosha Priyangani. According to the Respondent, the ‘Assembly of God of Ceylon’ is the rightful owner and custodian of the Church.

According to the Petitioners, the 1^st Petitioner obtained membership and a license to evangelize on behalf of the Assembly of God of Ceylon around 2007, while the 2^nd Petitioner obtained the same around 2015. The Petitioners state that this occurred after they began serving as priests at Bethel Church, Serukale, Siyambalagaswewa, Anamaduwa, in 2005. They further assert that they had already commenced their work as priests in the Siyambalagaswewa area around the year 2000, well before 2005.

The Respondent stated that the Assembly of God of Ceylon received complaints from devotees alleging that the 1^st Petitioner had committed rape against the female manager of the Church and that his wife, the 2^nd Petitioner, was engaged in an illicit affair involving undisciplined behaviour. Although the Respondent made the serious allegation of rape, a grave offense under penal law, no evidence, such as a police complaint, was produced.

According to the Respondent, these complaints were investigated by a committee appointed by the Assembly of God of Ceylon. Based on the investigation, the Petitioners were temporarily suspended from their roles as pastors and servants of the Church on 21^st November 2021. However, the Petitioners, in a communication dated 23^rd November 2021, rejected the Assembly’s decision. Subsequently, they resigned from their membership in the Assembly of God of Ceylon, effective from 25^th November 2021.

The Respondent alleges that, following