D. A. Suranga Mojith Kumara and L. Nilmini Nirosha vs. K. B. Ariyarathna – SC APPEAL NO.123/15-2016

In the case between K. B. Ariyarathna (Plaintiff-Appellant-Respondent) and D. A. Suranga Mojith Kumara, L. Nilmini Nirosha (Defendant-Respondent-Appellants), the court addressed whether a plaintiff could assert title to land based on a consent decree (503/L) reached in a previous action to which the defendants were not parties. It was determined that a decree in a rei vindicatio action binds only the parties to that action and does not operate in rem. The findings established that the plaintiff’s reliance on the earlier consent decree was insufficient to defeat the defendants’ longstanding possession and rights, given their absence from the initial proceedings. Accordingly, the appeal against the District Judge’s dismissal was allowed, and the High Court’s judgment was set aside, reinstati

REF: SC APPEAL NO.123/15-2016 Category: Tag:
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