Thaibdeen Mahalid Mohamed v. Mohamed Makeen Mohamed Rizaf – CA NO. 629/97-2017

In the case between Thaibdeen Mahalid Mohamed (Substituted Plaintiff-Appellant) and Mohamed Makeen Mohamed Rizaf (Substituted Defendant-Respondent), the court addressed the issue of whether the Plaintiff-Appellant was entitled to a declaration of title to the land known as “Boraluwewatta” and an order of ejectment against the Defendant-Respondent. It was held that the Plaintiff-Appellant failed to establish lawful title to the property in a rei vindicatio action due to the absence of critical evidence, specifically Deed No. 9372 (P2). The principle reaffirmed was that a plaintiff in a rei vindicatio action bears the burden of strictly proving title and cannot depend on defects in the defendant’s title. The decision relied on the standards established for evidenced-based title claims and re