Sanvara De Ruberu vs Fathima Thasneem Yusuff nee Nizar – SC APPEAL 149/2013-2016

In the case between Sanvara De Ruberu Samaraweera Gunasekera, Suranga Madhawa De Ruberu Samaraweera Gunasekera, and Gerald Mervin De Ruberu Samaraweera Gunasekera (Plaintiffs/Appellants) and Fathima Thasneem Yusuff nee Nizar (Defendant/Respondent), the court addressed the issues of whether an agreement existed at the time of transfer for demolishing a wall alleged to encroach upon the Plaintiffs’ land, whether the evidence substantiated encroachment or diminishment of the land purchased, and the interpretation of deed transfers in light of statutory requirements. It was held that there was no credible or written agreement establishing the obligation to demolish the wall nor adequate evidence of encroachment. The findings emphasized that appellate intervention in factual determinations of l