Premalal Leelananda Thilakaratne vs Hewa Hakuruge Wijaya Nandasiri Kumara – SC Appeal 138/2009-2025

In the matter of Premalal Leelananda Thilakaratne and Hewa Hakuruge Wijaya Nandasiri Kumara, the court addressed the issue of title to land claimed via a Deed of Gift and challenged by a Deed of Revocation. The court held that the Deed of Revocation was duly executed and admitted under the Civil Procedure Code (Amendment) Act No. 17 of 2022, rendering the Plaintiff’s claim for title unsustainable. This decision reaffirmed the principle that a rei vindicatio action requires subsisting title at the time of the action commencement. This decision relied on the Civil Procedure Code (Amendment) Act No. 17 of 2022, emphasizing that the new statutory framework mandates the admission of documents not objected to at specified procedural stages, overriding prior requirements for formal proof and impa