Nanayakkara Senarath Appuhamilage Karunaratna Nanayakkara (deceased) and Karunaratna Senarath Appuhamilage Indra Biyatrice Nanayakkara vs Jayasinghe Arachchige Somaratne – C A 948/2000-2013

In the case between Karunaratna Senarath Appuhamilage Indra Biyatrice Nanayakkara, Banduragoda, and Jayasinghe Arachchige Somaratne, Banduragoda, the court addressed whether a plaintiff may combine an action seeking a declaration of title (rei vindicatio) with an action for the definition of boundaries within the same proceeding. It was held that such joinder of causes of action is not permissible unless leave of court is first obtained, as prescribed by Section 35(1) of the Civil Procedure Code. The decision reaffirmed the legal principle that actions for declaration of title and for definition of boundaries have distinct requirements and purposes, and that ejectment of the defendant cannot be sought within an action for definition of boundaries. Reference was made to legal precedent, par