Sinhala Pedige Appuwa v. Alankarage Sendiya alias Podiya et al. – CA CASE NO.916/97 F -2015

In the case between Sinhala Pedige Appuwa (substituted by Sinhalage Priyantha) and Alankarage Sendiya alias Podiya (substituted by Alankarage Gunasekara) and others, the court addressed the issue of entitlement to a share of the land known as “Haduwehena.” It was held that the dismissal of the plaintiff-appellant’s action by the District Judge was erroneous, as the plaintiff’s title to a 1/4 share had been accepted and the burden accordingly shifted to the defendants to establish lawful possession, which was not done. Emphasis was placed on the misdirection relating to genealogical evidence and the incorrect reliance on the absence of a definitive survey plan as a ground for dismissal. The appellate decision reaffirmed the principle that the absence of a survey plan does not, by itself, de