Pattividana v. Samaranayake – sllr 1998 volume 1 page 112

In Pattividana (Plaintiff-Appellant) v. Samaranayake (Defendant-Respondent), the court addressed whether an action for ejectment against a divorced wife occupying the matrimonial home as an overholding licensee after divorce could proceed as a rei vindicatio action without a specific prayer for declaration of title, and the impact of estoppel on such an action. It was held that the absence of a prayer for declaration of title did not preclude the plaintiff from seeking ejectment, as the defendant was estopped from denying the plaintiff’s title. The principle reaffirmed that once a matrimonial relationship is dissolved, the former wife’s continued occupation amounts to that of an overholding licensee and the plaintiff’s right to possession prevails. The analysis relied on authorities includ