W.G.N.S. Ranaweera vs S.K. Karunaratne – CA 913/99 F -2013

In the case between W.G.N.S. Ranaweera (Plaintiff-Appellant) and S.K. Karunaratne (Defendant-Respondent), the central issues concerned entitlement to a declaration of title, the right to eject a defendant claiming tenancy, the alleged unauthorized nature of the building under the Housing and Town Improvement Ordinance, and the correct assignment of the burden of proof regarding unauthorized construction. It was held that the plaintiff, while recognized as owner, did not establish that the building was unauthorized or that the defendant was in unlawful occupation, and thus was not entitled to ejectment. The court reaffirmed that where tenancy is asserted and an unauthorized construction is alleged, the burden to prove such illegality lies with the party raising it. Reliance was placed on th