Balapu Waduge Sunil Mendis vs Kathtagoda Widanelage Douglas Fernando – S C APPEAL NO. 107/2016-2019

In the case between Balapu Waduge Sunil Mendis (Plaintiff–Respondent–Appellant) and Kathtagoda Widanelage Douglas Fernando (Defendant–Appellant–Respondent), the court addressed the proper identification and extent of a disputed tract of land claimed by the plaintiff. The central issue involved whether the plaintiff was entitled to possession of land measuring 8.28 perches, as described in an amended plaint and accompanying survey plan, or whether the correct extent was only 3.5 perches as interpreted by the Provincial High Court. The Supreme Court determined that the entirety of the evidence, particularly the commissioned survey plan, supported the plaintiff’s claim to the larger area. The appeal was allowed with costs, and the District Court’s original judgment in favor of the plaintiff w