HERATH

Vs.

MORGAN ENGINEERING (PVT) LTD

SUPREME COURT
PIERIS, C.J.
SRlPAVAN,J.
RATNAYAKE,J.
SC/APPEAL/214/2012
SC/SPL/LA/19/12
CA/PHC/APN/158/06
HC REV/512/04
MC FORT 58439
MAY 13, 2013

State Lands (Recovery of Possession) Act, No. 7 of 1979, section 9(1)-"a valid permit or other written authority of the State granted in accordance with any written law"

The petitioner, Sri Lanka Ports Authority, filed an application under the State Lands (Recovery of Possession) Act to eject the respondent from the land in suit, which the respondent conceded is "state land" within the meaning of the Act.

Section 9(1) of the Act enacts that at the inquiry before the Magistrate's Court, the person summoned "shall not be entitled to contest any of the matters stated in the application under section 5 except that such person may establish that he is in possession or occupation of the land upon a valid permit or other written authority of the State granted in accordance with any written law and that such permit or authority is in force and not revoked or otherwise rendered invalid."

The respondent took up the position that the payment of rent evident by the written receipt