Jayalath vs. Karunatilaka – sllr 2013 volume 1 page 337

The case between the plaintiff-respondent (permit holder and cultivator of state land) and the defendant-appellant (asserting title by adverse possession) addressed the entitlement of a state land permit holder to maintain a vindicatory action against a trespasser. The court held that the admission of the permit (P1) without objection constituted a waiver of any challenge to its validity, and a valid permit provides sufficient title for such action. It was established that admissions of fact, once recorded at trial, cannot be withdrawn. The right to possession was deemed to follow proof of title, placing the burden on the adverse claimant to establish prescriptive possession. The appeal was dismissed, affirming the trial court’s decision. The case reaffirmed the principle that permit holde