Sirisena Navalage vs. Wilfred Bandara Kalawana and Another – sllr 2012 volume 2 page 098

In the case between Omatte Tilakaratne Mudiyanse Ralahamilage Wilfred Bandara Kalawana (Plaintiff) and Sirisena Nawalage, Upatissa Bandara (Defendants), the court addressed the issues related to the burden of proof in rei vindicatio actions, the Plaintiff’s necessity to conclusively establish title, and the entitlement of an unlawful possessor to compensation for improvements. The court held that the Plaintiff had successfully established clear title to the subject land, and the occupying Defendant, lacking bona fide possession, was not entitled to compensation for improvements. The principle reaffirmed is that, in rei vindicatio actions, the Plaintiff carries the burden of proving title without reliance on the weaknesses in the Defendant’s claim. Reliance was placed on precedents such as