Primary Court proceedings under section 66 of Sri Lanka’s Primary Courts’ Procedure Act, No. 44 of 1979 concern specified disputes affecting land or the right to possession and the likelihood of a breach of the peace. The procedure is summary in character and focuses on the statutory question before the court—not a final adjudication of title as in an ordinary civil action. This guide is an educational overview for litigants and legal practitioners; the current statutory text, amendments and facts of each case must be checked before taking action.
1. Start with the statutory issue
Before preparing papers, identify the precise dispute, the land concerned, the parties asserting possession or another relevant right, and the facts said to create a breach-of-peace risk. Do not assume that every boundary, ownership or access disagreement automatically belongs in a section 66 inquiry. The statutory requirements and the nature of the dispute must be matched to the evidence.
Read the relevant provisions of the Act together rather than relying on a single section in isolation. Verify the current official text and any applicable appellate authority. If the real relief sought is a declaration of title, partition, damages or a permanent injunction, a separate civil remedy may need consideration even where a Primary Court inquiry is also appropriate.
2. Prepare a clear chronology and land description
Prepare a dated chronology of the events that led to the dispute. Record when possession began, how it was exercised, when the disagreement escalated, what each party did, and any specific incident creating an immediate risk. Describe the land consistently using available deeds, survey plans, assessment references, boundaries and recognizable features. Attachments should be legible and referred to by the same exhibit labels throughout the papers.
3. Evidence preparation checklist
| Material | What to check | Common weakness |
|---|---|---|
| Chronology | Dates, sequence and source of each fact | Vague phrases such as “for a long time” |
| Land description | Consistent boundaries and identifying details | Different descriptions across documents |
| Witnesses | What each person personally saw or heard | Repeating hearsay as direct knowledge |
| Photographs or video | Date, location, context and original file | Images without explanation or provenance |
| Police records | Reference numbers and certified/available copies | Assuming a complaint proves every allegation |
| Plans and deeds | Readable copies and relevance to the issue | Treating a deed alone as proof of every fact in dispute |
4. Separate direct knowledge from information received
For each witness, list the facts that the witness can establish from personal observation. Distinguish what the witness saw from what another person later said. Record the date, place, persons present and exact conduct as far as reasonably possible. A witness statement becomes more useful when it is specific, internally consistent and tied to a disputed issue.
5. Draft affidavits and supporting documents carefully
Use a coherent structure: identify the deponent, explain the basis of personal knowledge, set out material facts in chronological numbered paragraphs, identify supporting documents, and state the relevant relief or procedural request. Avoid argument disguised as fact, unnecessary repetition, conclusions unsupported by the deponent’s own knowledge, and inconsistent descriptions of the land. Check the required form, jurat, signatures, exhibits and filing practice with the applicable court registry and current law.
6. Interim arrangements and the hearing
Where urgent relief or an interim order is sought, state the specific risk and explain why the requested measure is necessary and proportionate. Keep a copy of every filed document and note the date of service, the next court date, directions and deadlines. At the hearing, organize the submissions around the statutory issue and the evidence that supports each proposition. Do not assume that an interim arrangement finally determines ownership or all civil rights.
7. Common procedural mistakes
- Failing to identify the exact statutory issue the court must decide.
- Using inconsistent names, boundaries or land descriptions.
- Filing illegible attachments or failing to identify exhibits.
- Relying on a witness who cannot explain the source of the alleged fact.
- Confusing possession-related inquiry with final adjudication of title.
- Missing service requirements, registry directions or hearing dates.
- Using a generic affidavit without adapting it to the actual facts and current procedural requirements.
8. A practical file-readiness table
| Question | Ready when… |
|---|---|
| What is the dispute? | The statutory issue is stated in one clear paragraph. |
| Which land? | All papers use a consistent description. |
| What happened? | A dated chronology supports the material allegations. |
| Who can prove it? | Each witness is linked to specific facts within personal knowledge. |
| What documents matter? | Each attachment is legible, relevant and properly identified. |
| What is requested? | The requested order is precise and grounded in the applicable law. |
Frequently asked questions
Does a section 66 Primary Court case finally decide ownership?
Do not treat the summary inquiry as a substitute for every civil action concerning title. The scope and effect of an order depend on the statutory framework and the issues properly before the court. Obtain advice on any separate civil remedy that may be needed.
What evidence should be collected before filing?
Begin with a chronology, consistent land description, witnesses with personal knowledge, relevant plans and documents, and records of incidents or complaints. The necessary material depends on the disputed facts and the applicable procedure.
Can photographs or WhatsApp messages be relevant?
They may help explain an event or communication, but their relevance, authenticity, context and admissibility must be assessed. Preserve original files and associated information rather than relying only on cropped screenshots.
Can I use a downloaded affidavit template?
A template can help organize information, but it should never be filed without checking the current law, court practice, facts, exhibits and required formalities. A lawyer should adapt it to the specific matter.
Conclusion
A strong section 66 file is clear about the statutory issue, consistent about the land, chronological about events and disciplined about what each item of evidence can prove. Check the Primary Courts’ Procedure Act, No. 44 of 1979 and relevant appellate decisions before relying on this overview. HICONT’s related resources on Sri Lankan legal procedure and practical legal formats can support further preparation, but cannot replace case-specific advice.
Research and legal accuracy note: This article is a practical checklist, not a substitute for checking the current consolidated statute, amendments, binding decisions and local court directions. Verify the applicable legal text before filing.