Weliwita Kankanamage Upatissa Jayathilake vs Bolabotuwage Mahinda Piyadasa – C A 45/2000-2013

The case between Weliwita Kankanamage Upatissa Jayathilake (plaintiff/appellant) and Bolabotuwage Mahinda Piyadasa (defendant/respondent) addressed the issue of whether a plaintiff could concurrently seek a demarcation of boundaries and a declaration of title in a single action. It was held that combining a claim for declaration of title and possession with an action for boundary demarcation is procedurally improper. The findings established that a boundary action prescribes to situations of uncertain common boundaries between adjacent landowners, whereas a vindicatory action (rei vindicatio) requires both proof of plaintiff’s title and defendant’s adverse possession. The appellate judgment relied on principles distinguishing these causes of action, and on the lack of proof regarding the e