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WIMALA HERATH (DECEASED) SARATHCHANDRA RAJAPAKSHA AND OTHERS v. KAMALAWATHIE AND ANOTHER


WIMALA HERATH (DECEASED) SARATHCHANDRA RAJAPAKSHA AND OTHERS v. KAMALAWATHIE AND ANOTHER

WIMALA HERATH (DECEASED)
SARATHCHANDRA RAJAPAKSHA AND OTHERS
v. KAMALAWATHIE AND ANOTHER

SUPREME COURT
MARSOOF, PC., J.
IMAM, J. AND
WANASUNDERA, PC., J.
S. C. APPEAL NO. 119/2010
NCP/HCCA/ARP/622/2009
D.C. POLONNARUWA NO. 5414/L
NOVEMBER 7, 2012

Land Development Ordinance, No. 19 of 1935 - Permit holder - Any person to whom a permit has been issued for the occupation of State Land under Chapter 300.

The Plaintiff - respondent - Appellant, Wimala Herath (Plaintiff) fled action in the District Court of Polonnaruwa seeking a declaration that she is the owner of the lands described in the two Schedules and to the plaint in terms of the permit issued under the Land Development ordinance and further sought to eject the Defendant - Appellant - respondents from the land in Schedule , which is in extent of 30 perches and which is situated within the boundaries of the land in extent of 2A, 1r, 26P. referred to is Schedule .

At the conclusion of the trial in the District Court, the District Judge held inter alia that the Plaintiff was the lawful owner of the lands in both Schedules


























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