Danthasinghe Patabendi Hangidigedera Abeyrathna vs B.G. Nimal Kumara Hemasiri – SC APPEAL 156/2015-2018

In the case between Danthasinghe Patabendi Hangidigedera Abeyrathna (including substituted parties) of No.29, Pannawa, Ganewatta (Plaintiff-Respondent) and B.G. Nimal Kumara Hemasiri of Kumbukgate (Defendant-Appellant), the court addressed the issue of whether the Plaintiff-Respondent established lawful lessee status over the disputed lands and whether the identification of such land was correctly pleaded and supported. It was held that the Plaintiff-Respondent’s status as lawful lessee, based on a permit issued by Vishnu Dewalaya Kandy and corroborated by survey evidence, had been established. The principle reaffirmed is that a party must clearly identify the subject land and adduce sufficient evidence of lawful possession or title. Reliance was placed on the testimonies of surveyors, lan