Ruberu and Another v. Wijesooriya – sllr 1998 volume 1 page 058

In the case between RUBERU AND ANOTHER (Plaintiff) and WIJESOORIYA (Defendant), the court addressed the issue of whether, in an ejectment action against a licensee or lessee, securing possession constitutes an admission of title by the defendant and examined the limits on amending pleadings under Section 46(2) of the Civil Procedure Code. It was determined that a licensee or lessee, by obtaining possession, implicitly acknowledges the plaintiff’s title and cannot contest it while remaining in possession. The findings established that amendments enlarging the scope of action or changing its nature are prohibited by statute. The order requiring an amendment to seek a declaration of title was set aside, reaffirming that trial judges must provide explicit reasons for judicial orders. This deci