M.M.M. Ashar vs. T.H. Kareem – SC APPEAL 171/2019-2022

Brief
In the case between M.M.M. Ashar (Plaintiff) and T.H. Kareem (Defendant), the court addressed whether an action for declaration of title and ejectment could succeed when the defendant, originally a licensee, claimed prescriptive title. It was held that the evidence established both the plaintiff’s paper title and proof of possession, and, since the defendant entered as a licensee, the law precluded assertion of prescriptive title absent surrender of possession. The court reaffirmed that a plaintiff need only prove ownership on a balance of probabilities, and that a licensee remains estopped from challenging the owner’s title. Key legal principles, including the doctrine that “the greater includes the less” and the requirements of rei vindicatio actions, were underscored. The decision