Dharmadasa v. Jayasena – sllr 1997 volume 3 page 327

In the case between Dharmadasa (plaintiff) and Jayasena (defendant), the court addressed the issue of whether title to certain premises could be established by the plaintiff on the basis of a grant (P1) issued by the Urban Council of Anuradhapura. It was held that the plaintiff failed to prove valid title, as the grant was issued in contravention of statutory requirements, specifically section 5A(2) of the Local Authorities Housing (Amendment) Act No. 63 of 1979, which stipulates that only a person in legitimate occupation may obtain title. The court reaffirmed the principle that in rei vindicatio actions, the entire burden of proof remains with the plaintiff. The decision was grounded on the plaintiff’s status as a trespasser, lack of compliance with statutory occupation criteria, and pro