Induruwage Dislinhamy v. J.M. Jayaratne Banda – CA CASE NO. 266/1999-1999

The case between Induruwage Dislinhamy (Amara Hotel, Kumbukgete) and J.M. Jayaratne Banda (Galwewa, Kumbukgete) addressed the issue of whether the Plaintiff-Appellant had established title and properly identified the subject property in a rei vindicatio action. It was held that the Plaintiff failed to prove ownership or correct identification of the land at the time of instituting proceedings, reaffirming the principle that the burden in rei vindicatio remains on the plaintiff to establish title and certainty of corpus before the burden shifts to the defendant. The decision relied on established authorities requiring strict proof of title and land identity, emphasizing that without such proof, the defendant’s possession and claim for prescriptive title are not material for determination, a