BCC 535/2009

This case involved land which had been both the subject of an inheritance and a possession order which have been provided so the beneficiary could possess it for public interest.

An heir filed case (Case No. 5752/2006) with the High Civil Court requesting the court revoke a possession decision No. 440/2006. The heir claimed the deceased, whose estate he was inheriting, was the owner of two palm lands No. 5 and 7 and when she died the ownership of the lands was transferred to the heir with other heirs. However, when he had visited the land and was surprized to find buildings on it built by the beneficiary of the possession decision. The heir also added that he had received a letter from the beneficiary informing him possession decision 440/2006 had been issued so the beneficiary could possess the land for public interest.

The case was heard by the court of first instance which revoked the possession decision. Then the beneficiary appealed but the court of appeal upheld the appealed ruling.

Decision