Mohamed Mahful Abdul Wakeel et al. v. Malwenna Hewage Sirisena et al. – CA CASE NO. 1218/1996-1996

The case between Mohamed Mahful Abdul Wakeel and Malwenna Hewage Sirisena addressed the issue of entitlement to declaration of title, recovery of possession (ejectment), and damages regarding the land known as Digapothagodakanda. It was determined that the Plaintiffs’ title was established, and the Defendant’s claim of prescriptive title failed due to insufficient proof and lack of proper identification of boundaries. The principle reaffirmed that admissions in pleadings bind parties under Sections 21 and 58 of the Evidence Ordinance and that the burden of disproving the rightful owner’s title or proving adverse possession rests with the person in possession once the owner’s title is proved. This decision relied on statutory principles and comparative case law, emphasizing that clear title

REF: CA CASE NO. 1218/1996-1996 Category: Tag:
Scroll to Top