Murugesu Sunderalingam vs Thuraiappah Surendran – SC APPEAL 138/2015 -2025

Plaintiff Thuraiappah Surendran sought a declaration of title, ejectment, and damages against Defendant Murugesu Sunderalingam. The defendant claimed to be a bona fide possessor entitled to compensation for a house built on the land. The District Court awarded compensation, but the High Court of Civil Appeal set this aside, finding the defendant was not a bona fide possessor. The Supreme Court affirmed the High Court’s decision, ruling that the defendant’s possession became mala fide after an initial six-month permissive period, thereby forfeiting any claim for compensation for useful improvements. The Court allowed the defendant the right to remove the improvements without causing material injury to the land.

Mahinda Samayawardhena, J. – The plaintiff instituted an action in the Distri