Pitchamuttu Murugiah vs W.M. Heen Menika et al. – CA CASE NO.1086/2000-2000

In the case between Pitchamuttu Murugiah (Plaintiff-Respondent) and W.M. Heen Menika, R.M. Muthubanda, and R.M. Karunawathie (Defendant-Appellants), the court addressed the issue of whether a plaintiff in a rei vindicatio action who derived title from an annually renewable State permit, and lost that title during the pendency of litigation, could continue to maintain the action and be granted relief. It was held that the plaintiff’s loss of title before judgment precluded him from succeeding in the action, reaffirming the principle that, in a vindicatory action, a plaintiff must possess legal title both at the initiation of the action and at the time of judgment. This decision relied on Sri Lankan and Roman-Dutch law precedents, emphasizing that the right to recover property cannot subsist