J.M. Premawathie and others vs Tuan Mansoor Bonzo and others – SC / APPEAL / 35 / 2021-2025

This case involves a rei vindicatio action wherein the Plaintiff sought declaration of title, ejectment of Defendants, and damages. The District Court and High Court had ruled in favor of the Plaintiff. Leave to appeal was granted to the Defendants on questions of law pertaining to evidence admissibility, reading of documents (P-9, P-12, P-13) under Section 160 of the Civil Procedure Code, and the claim of prescriptive rights. The appeal concerned the establishment of the Plaintiff’s title against the Defendants’ assertion of adverse possession and issues of documentary evidence handling.

A.H.M.D. Nawaz, J. – The judgment affirmed the decisions of the District Court and High Court, dismissing the appeal. It was determined that in a rei vindicatio action, the plaintiff bears the burden of