H.M.K. Herath vs Kanagarathnam Ananda Raja – CA 739/98 F-2014

In the case between H.M.K. Herath (Plaintiff-Appellant) and Kanagarathnam Ananda Raja and S. Ananda Raja (Defendant-Respondents), the court addressed the issue of whether a plaintiff may obtain a decree for eviction in a rei vindicatio action without including a prayer for a declaration of title, and whether sufficient title to the land was established. It was held that eviction cannot be granted without first establishing and declaring legal title to the land in question. This principle was reaffirmed by reference to Attanayake v. Aladin [1997 3 S.L.R. 389], with emphasis on the necessity for clear establishment and identification of title, including specificity of the subject land in the pleadings and supporting documentation. The outcome reaffirmed that failure to establish exclusive ti