THYAGARATNE

Vs.

ASSISTANT COMMISSIONER OF AGRARIAN DEVELOPMENT AND ANOTHER

COURT OF APPEAL
WICKREMASINGHE, J.
SAMAYAWARDHENA, J.
CA (PHC) 188/2013
HC KALUTARA 55/2011/REV
MC KALUTARA 84601

Agrarian Development Act, No. 46 of 2000, sections 28, 33(1), 33(3), 33(4), 33(5), 33(7), 33(8), 101-Restraining order-Filling of paddy lands-Scope of the inquiry before the Magistrate's Court-Defences

The Commissioner General of Agrarian Development instituted proceedings against the appellant in the Magistrate's Court under section 33(3) of the Agrarian Development Act, No. 46 of 2000, as amended, praying for the issue of an order restraining the appellant from filling the paddy land. The appellant took up the position that (a) the subject land is not a paddy land and (b) he never filled the land, and therefore the application is misconceived in law. After inquiry, the Magistrate's Court issued the restraining order. The revision application filed against this order was dismissed by the High Court. The appellant appealed to the Court of Appeal.

Held:

1. The appellant cannot take up new defences which are questions law for the first time in appeal. The identificati