Kapuruge Don Jayapala Somasiri v. Gamini Karunaratne – CA CASE NO. 389/2000-2016

The case between Kapuruge Don Jayapala Somasiri (Plaintiff-Appellant) and Gamini Karunaratne (Defendant-Respondent) addressed the issue of entitlement to Lots 12 and 3 in Survey Plan No. 1446. It was determined that the District Judge erred in resolving questions of title, particularly regarding Lot 3, due to inconsistencies in the findings. The principle reaffirmed was that the burden of disproving the Plaintiff’s title rested upon the Defendant, pursuant to Section 110 of the Evidence Ordinance. The Plaintiff’s ownership and the Defendant’s encroachment were substantiated by surveyor evidence. Relief was granted for the Plaintiff, and the prior judgment set aside, emphasizing accurate application of evidentiary burdens and partition decree interpretation.

A.H.M.D. Nawaz J. —
Upon rev