Jayawardene Liyanage Gunadasa v. Narangodage Amarapala – SC APPEAL 159/2016-2022

In the case between Jayawardene Liyanage Gunadasa (deceased, substituted by appellants) and Narangodage Amarapala (deceased, substituted by respondents/petitioners), the court addressed the issue of whether the defendant occupied the premises under leave and license from the plaintiff or as a tenant of the owner, Thillairajah. It was held that the defendant’s occupation was under leave and license and not as a tenant. The court reaffirmed the principle that documentary evidence, including letters and receipts, carries substantial weight in determining the nature of a property relationship and that the burden of proof lies appropriately as determined by the presented evidence. The decision relied on established rules regarding evidentiary value and burden of proof, emphasizing that a party’