Jayasinghe vs. Kodithuwakkuarachchi and Others – sllr 2019 volume 1 page 248

In the case between the initial Plaintiff/Appellant-Respondent and Defendant/Appellant (notably including Dr. Jayasinghe and the Kandy Municipal Council), the court examined whether an inquiry under Section 328 of the Civil Procedure Code—limited to restoration of possession—constitutes res judicata and thus bars a subsequent action for declaration of title. The findings established that a Section 328 inquiry is confined to the issue of possession and does not address or determine title to the property. The inquiry’s determinations cannot be utilized to preclude later proceedings seeking a declaration of title. Reliance was placed on established authorities including Rosahamy v. Diago (Bonser C.J.), Pathirana v. Ahangama, and Ponnampalam v. Murugasar, with particular emphasis on the princi