K.R.W.Dalpadadu vs Badanasinghe Nangallage Punyasiri – SC APPEAL 69/2015-2016

Brief
In the case between Dr. S. Mahindarajah (Plaintiff/Appellant-Respondent) and Vairamuttu Karuppaiah (Defendant/Respondent-Appellant), the court addressed the issue of whether the Plaintiff was wrongfully ejected from Lot 1 of his property following a public auction in which the Defendant acquired possession of Lots 2 and 8. It was held that the Plaintiff failed to prove the alleged wrongful ejectment from Lot 1, reaffirming the principle that the burden of proof lies with the claimant asserting dispossession or damages. The decision relied on the evaluation of documentary evidence, including the Fiscal’s report and property plans, emphasizing that relief on allegations of wrongful eviction can only be granted if clearly substantiated by evidence specifying lawful entitlement and dispo

REF: SC APPEAL 69/2015-2016 Category: Tag:
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