Naipanichchi Gamage Rathnayaka vs Upul Nanda Kumara Kodagoda – SC APPEAL 09/2022-2024

In the case between Upul Nanda Kumara Kodagoda (substituted plaintiff/appellant) and Naipanichchi Gamage Nimal and others (defendants/respondents), the Supreme Court considered the proper identification of the land corpus titled “Indiketiya.” At issue was whether the boundaries and extent of the land described in the permit, plan, and plaint aligned, as contrary identifications had been made in documentary evidence. The Supreme Court determined that the evidence did not sufficiently establish the proper identification of the corpus, concurring with the District Court’s finding and setting aside the High Court’s judgment. The holding reaffirmed that clear and cogent evidence is required to identify the subject property, with reliance placed on the necessity of correlating metes and bounds i

REF: SC APPEAL 09/2022-2024 Category: Tag:
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