T.M. Seelawathie vs W M R Seetha Kumarihamy – CA 950/96F-1996

In the case between T M Seelawathie (Abhaya, Yalkumbura, Bibile) as plaintiff-respondent and W M R Seetha Kumarihamy (Ambanporuwa, Nannapurawa, Bibile) as defendant-appellant, the court addressed the entitlement to a declaration of title and ejectment in a rei vindicatio action relating to disputed land. It was held that the plaintiff failed to establish clear title and identify the land with sufficient certainty, and that the burden of proof in such actions rests squarely on the claimant. The principle reaffirmed was that a plaintiff must prove both title and identity of the corpus by positive evidence, irrespective of any weaknesses in the defendant’s case, with reliance placed on authorities such as Wangiaratne v. Juwanis Appuhamy, 65 NLR 67. The appellate court set aside the district c