Anulawathie Menike alias Mallika Samarathunga v. D.M.M. Fernando and L.S.P. Weerasinghe – CA NO. 534/97 F -2015

In the case between D.M.M. Fernando and L.S.P. Weerasinghe (Plaintiff-Respondents) and Anulawathie Menike alias Mallika Samarathunga (Defendant-Appellant), the court addressed the issue of whether the Plaintiffs had duly identified and described the specific portion of land in dispute to sustain a claim for declaration of title, ejectment, and damages. It was held that the Plaintiffs’ failure to describe the disputed land by proper metes and bounds, as mandated by Section 41 of the Civil Procedure Code, constituted a fatal procedural defect. The judgment reaffirmed the principle that precise identification of the land corpus is essential in actions for recovery of immovable property. Precedents and statutory requirements were relied upon, underlining that courts cannot grant relief where t

REF: CA NO. 534/97 F -2015 Category: Tag:
Scroll to Top