M M Gunaratna Manike et al. vs R M R Warnakulasuriya Chandrasekara – CA APPEAL NO: 1085/96F-1996

In the case between R M R Warnakulasuriya Chandrasekara (Plaintiff-Respondent) and M M Gunaratna Manike and others (Substituted Defendant-Respondents), the court addressed the entitlement to a declaration of title concerning lots 9 and 10 depicted in plan No. P 736, the correctness of the earlier handover of possession by the Magistrate’s Court, and the question of tenancy cultivation of Elhana and Kongahamula paddy fields. It was held that the plaintiff is entitled to eject the defendant from lots 1 to 4, as the delivery of lots 9 and 10 to the defendant occurred due to a mistake, and the defendant was not established as the tenant cultivator. These conclusions were reached by reliance on the trial court’s findings and the evidence, affirming that the appellate court would not interfere w