Kukule Kankanamge Chandrasena and Edirisinghe Athukoralage Pushpalatha v. Liyanage Don Buddhadasa – SC APPEAL 233/2017-2022

In the case between Kukule Kankanamge Chandrasena and Edirisinghe Athukoralage Pushpalatha (plaintiffs) and Liyanage Don Buddhadasa (defendant), the court addressed the legal issues concerning the validity of an action based on a usufructuary mortgage where part of the mortgaged property allegedly did not exist at the time of litigation, and the defendant’s entitlement to compensation for improvements made to the property. The findings established that the plaintiffs’ action was maintainable despite allegations regarding the property’s original state and that the defendant was entitled to compensation for improvements. The court reaffirmed the principle that compensation for bona fide improvements must be awarded where evidence supports such entitlement. The decision relied on evaluation o