Hitihamy Mudiyanselage Tilakaratna Banda vs Hitihamy Mudiyanselage Subarath Menike and others – SC Appeal 105/2012 -2025

In the matter of the Hitihamy Mudiyanselage Tilakaratna Banda vs Hitihamy Mudiyanselage Subarath Menike and others, the court addressed the issue of the proper identification of land in a rei vindicatio action. It was held that the Civil Appeal High Court erred in revisiting the question of corpus identification, as the parties’ express admissions at trial were conclusive under Section 58 of the Evidence Ordinance, and the Defendants were estopped from challenging the identity after pleading prescriptive title to the same identified land. The Supreme Court reaffirmed the principle that admissions made during trial are binding, leading to the affirmation of the District Court’s judgment.

Janak De Silva, J. delivered the judgment. The Plaintiffs initiated an action for a declaration of ow