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Tuesday, March 13, 2012

possessory action - want of evidence regarding possession


                  In the Court of Appeal of the Democratic
            Socialist Republic of Sri Lanka

CA APPEAL No: 969/96F
DC Hatton: 98/L


Marimuthtthu Nagalingam,                                                                                                                    Highlands Central College, Hatton.

Plaintiff-Appellant

Vs

Mohamed Haniffa Mariam Beebi,                                                                                                                    96B, Hatton House Road,   Hatton

Substituted 1st Defendant-Respondent

S. Selvaraj,
22, Main Street,
Hatton

2nd Defendant-Respondent

Before: A W A Salam J
Parties absent and unrepresented.
Decided on:  03.08.2010

A W Abdus Salam, J

The plaintiff filed action against the defendant for a declaration that he is entitled to the possession of the subject matter and to restrain them from proceeding with the development of the land. The learned district judge having considered the evidence adduced on behalf of both parties came to the conclusion that the plaintiff had not established his right/ownership to the property and in any event he has failed to prove his possession of the subject matter. As such the learned district judge decided to dismiss the action.

On a perusal of the judgment and the reason adopted by him for the conclusion, I am not satisfied that the appellant has established any ground to interfere with the said findings and judgment of the learned district judge. Hence, in my opinion the appellant is not entitled to succeed in his appeal.

Appeal dismissed without costs.


Judge of the Court of Appeal

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