Gallage Saummehammy alias Somawathie, et al. v. I.A. Dharmapala, et al. – SC APPEAL 184/14-2022

Brief
In the case between Gallage Saummehammy alias Somawathie (Petitioner/Respondent) and I.A. Dharmapala (Appellant/Respondent), the Supreme Court addressed the issue of whether a co-owner can maintain an action to eject a trespasser and claim a declaration of title for the entire land, particularly in circumstances where the evidence demonstrated co-ownership rather than sole ownership. The court determined that a co-owner is entitled to seek ejectment of a trespasser and may obtain a declaration of title to the extent of co-ownership, even if the claim initially sought exclusive title. The decision reaffirmed the principle that, where the evidence substantiates only co-ownership, the remedy is not defeated by an overbroad prayer for relief. Reliance was placed on established legal prin