JAYAWARDHANE
VS.
DEEN

COURT OF APPEAL
MALANIE GUNARATNE, J.
ROHINI WALGAMA, J.
CA PHC (149/2014)
HC NUWARA ELIYA HC(NE) 29/2013
MC NUWARA ELIYA 32649
APRIL 29, 2015.

State Lands Recovery of Possession Act No. 7 of 1979 Section 3, Section 9(1) - Constitution 13th Amendment - Article 139. Article 154P(3) (b), Article 154P(4) (b) - Lease Agreement - Failure to pay rental - Quit notice -Dismissal by Magistrate - High Court moved in Revision - Refused on the basis that High Court has no jurisdiction in respect of the subject matter.

The Magistrate's Court rejected the application made under Section 9 of the State Lands Recovery of Possession Act - The Revision application was dismissed following Solaimuthu Rasu Vs. Superintendent of Stafford Estate and others - where it was held that, a Provincial High Court does not have jurisdiction to act under Article 154P(3)(b) of the Constitution on matters relating to the State Lands (Recovery of Possession) Act.

On Appeal Held;

(1) The Petitioner has invoked the Revisionary jurisdiction of the High Court under Article 154(3)(b) of the Constitution.

Per Rohini Walgama, J. -

"In Solaimuthu Rasu's case, the Supreme Cour