Morawakage Premawathie et al. v. Ballantuda Achchige Don Wasantha et al. – SC APPEAL 176/2014-2021

In the case between Morawakage Premawathie and others (plaintiffs) and Ballantuda Achchige Jayasena (deceased, substituted parties) and others (defendants), the Supreme Court addressed the issue of proving title to a disputed ½ acre of land. The primary consideration was whether the plaintiffs demonstrated “sufficient” or “superior” title on a balance of probabilities, particularly in the context of a rei vindicatio action, and whether the absence of certain deeds was fatal to their claim. The court held that the plaintiffs were only required to prove title on a balance of probabilities, not to an exacting standard, and further determined that their evidentiary chain and reliance on legal precedents satisfied this requirement. The defendants’ counterclaim of prescriptive title was rejected