Hewannahennadige Sunanda Kumara Fernando Vs Chitra Buddhimathi De Tissera – CA CASE NO. 1160/2000-2000

The case between Chitra Buddhimathi De Tissera (Plaintiff-Respondent) and Hewannahennadige Sunanda Kumara Fernando with other Defendants (Defendant-Appellants) addressed the issue of entitlement to absolute title and ejectment of the Defendants from the disputed property. It was determined that the Plaintiff obtained absolute ownership through a series of legal gifts culminating in 1989, and the Defendants’ occupation was by leave and license, not under a constructive trust or right arising by prescription. Established legal principles regarding constructive trusts, prescriptive rights, and the effect of minority on property actions were reaffirmed. The judgment drew on the evidentiary value of unopposed title documents and the necessity of clear evidence for creating a trust, establishing