J.R.Punchiappuhamy & J.R. Ratnasiri Senarath Bandara vs. J.R. Dingiribanda – SC APPEAL NO. 04/2010-2015

In the case between J.R. Punchiappuhamy and J.R. Ratnasiri Senarath Bandara (Plaintiffs) and J.R. Dingiribanda of Galaudawatta (Defendant), the issue concerned whether the Plaintiffs were entitled to a declaration of title to the entire land and ejectment of the Defendant, or only to a declaration of title to an undivided 11/24th share as co-owners. The court determined that, based on the evidence and application of legal principles from Attanayake v. Ramyawathie, the Plaintiffs were entitled only to the 11/24th share and not to ejectment, given the Defendant’s and his son’s valid title over a portion of the land. The decision clarified the approach to granting lesser relief when a greater relief is sought, reaffirming that the co-ownership arising from evidence and possession must be reco

REF: SC APPEAL NO. 04/2010-2015 Category: Tag:
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