Kuruppu Arachchige Don Sunil Kuruppu vs Dinesha Shavithri Abeysinghe and others – SC Appeal No. 05/2012-2024
The case involves an appeal concerning a land dispute between a Plaintiff and a 1st Defendant. The Plaintiff sought title to Lot 4 and access rights via Lot 11, along with the removal of a gate. After the District Court ruled in favor of the Plaintiff, the Civil Appellate High Court set aside that judgment. The Supreme Court reviewed the case, focusing on whether the High Court erred by deciding on procedural issues without addressing the factual evidence, and if the District Court’s judgment could be upheld. The Supreme Court found procedural errors in the High Court’s assessment concerning the plaint’s compliance with procedural codes, the Plaintiff’s title, and the details of the gate. Crucially, the High Court misidentified a key deed (P-1) as missing. Furthermore, the 1st Defendant’s

