Nandana vs. Saddasena – sllr 2011 volume 1 page 418

In the case between the probate holder representing the estate of H. Baron Silva and the respondent–petitioner claiming independent possession, the court addressed whether an interim injunction could be granted within a testamentary action when the respondent–petitioner had maintained possession for more than six years and claimed title by prescription, and the probate holder was out of possession for over six years. It was held that such an injunction should not be granted, as the probate holder must institute a separate action to vindicate title under these circumstances. This approach reaffirmed the principle that once an affidavit asserting ownership is submitted and the issue of prescription is raised, summary proceedings are inappropriate, as established in Section 714(3) of the Civi