W.Karunawathie and Others v. N.D.M. Ariyaratne – CA NO.26/97-1997

In the case between W. Karunawathie and others (Plaintiffs) and N.D.M. Ariyaratne (Defendant), the court addressed whether the plaintiffs were entitled to have the disputed eastern boundary of their land defined and fenced, and whether the prior District Court judgment erred in its approach to the existence of this boundary. It was held that the key issue was the identification and recognition of a physical boundary, not the plaintiffs’ title to the land, reaffirming the principle under Roman Dutch Law (actio finium regundorum) that actions for fixing boundaries are distinct from actions for declaration of title. Reliance was placed on survey evidence and relevant precedent, emphasizing that miscategorization of relief and misunderstanding of legal principles warranted remittal. The judgme