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HERATH VS. MORGAN ENGINEERING (PVT) LTD


HERATH VS. MORGAN ENGINEERING (PVT) LTD

HERATH VS. MORGAN ENGINEERING (PVT) LTD

SUPREME COURT
MOHAN PIERIS, PC, CJ.,
SRI PAVAN, J AND
RATNAYAKE, P.C., J.
S.C. APPEAL NO. 214/12
S. C. SPL.L.A. NO. 19/12
CA/PHC/APN/158/06
HC(REV.) 512/04
MC (FORT) CASE NO. 58439
MAY 13TH, 2013

State Lands (Recovery of Possession) Act No. 7 of 1979 - Section 9 - Scope of inquiry under the Act - Section 18 - Interpretation - State land -Land to which the State is lawfully entitled or which may be disposed by the State -Interpretation of Statutes.

State Lands (Recovery of Possession) Act was enacted in order to make provision for the recovery of possession of "State Lands" from persons in unauthorized possession or occupation of the State Lands.

Held:

(1) If the language of the enactment is clear and unambiguous, it would not be legitimate for the Courts to add words by implication into the language. It is a settled law of interpretation that the words are to be interpreted as they appear in the provision, simple and grammatical meaning is to be given to them, and nothing can be added or subtracted. The Courts must construe the words as they find it and cannot go outside the
























































































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