Sumanasiri Harischandra and others vs Sumanasiri Harischandra and others – SC APPEAL NO. 69/2013-2024

The case involved a dispute over the land known as “Damunugahamulawatta” in Keppitiwalana, Alawwa. The court addressed the issue of proving title in a rei vindicatio action, with a detailed examination of historical deeds, survey plans, and lease agreements. It was determined that the Plaintiff had met the burden of proving title on a balance of probabilities, reaffirming the principle that evidentiary anomalies do not automatically invalidate the admission of evidence absent timely objection. This decision relied on the provisions of the Evidence Ordinance and the Civil Procedure Code Amendment Act, No. 17 of 2022, emphasizing that proper identification of the disputed land is fundamental to establishing ownership.

S. THURAIRAJA, PC, J — It was determined that the procedural history,