Rasnekgedara Jayathilaka vs. H. G. Wijewardena Gunathilaka & Sons (Private) Limited – SC APPEAL 120/2013-2023

In the case between Rasnekgedara Jayathilaka (and substituted parties) and H. G. Wijewardena Gunathilaka & Sons (Private) Limited, the Court considered whether, in a declaratory action for title and ejectment, strict proof of title by the petitioner is required when devolution of title is undisputed by the respondents, and the procedural legitimacy of admitting fresh evidence at the appellate level. It was held that in actions for declaration of title, where peaceful possession and legal basis are established and factual devolution is uncontroverted, strict proof is not essential, distinguishing such actions from vindicatory proceedings where rigorous proof is mandatory. The Court further found that the High Court’s admission of new evidence ([A-2]) was contrary to the procedural demands u