Maparalalge Chandrakeerthi Banda et al. vs Dureinge Simon – CA DFC/813/97-2021

In the case between Maparalalge Chandrakeerthi Banda and others (plaintiffs) and Dureinge Simon (defendant, substituted by Dedigama Dureyange Sopinna), the court addressed the issue of whether the plaintiffs had established title to the disputed land sufficient to warrant a declaration of title and the ejectment of the defendant, and whether the defendant’s possession was as a licensee or through prescriptive right. The holding affirmed that proof of title in a rei vindicatio action shifts the burden to the defendant to demonstrate adverse possession or a superior right, and lack of proven prescription or adverse possession leads to affirming the plaintiffs’ title. Reference was made to legal principles governing burden of proof in property actions and standards for establishing prescripti