R. Ruban Perera vs Thommage Themis Perera – CA 836/99 F -2022

The case between R. Ruban Perera and others (Plaintiffs) and Thommage Themis Perera (Defendant) addressed the issue of entitlement to declaration of title to a disputed land, ejectment of the Defendant, and the validity of title by prescription. It was held that the Plaintiffs had both properly identified the land (corpus) and established valid paper title, while the Defendant failed to prove a prescriptive right. The principle reaffirmed is that where no objection is raised at trial regarding the due execution of an old deed, and there is supporting possession and boundaries, such document may be relied upon; further, the requirements for proving deeds under Section 68 of the Evidence Ordinance do not apply retrospectively to cases concluded under prior law. This decision relied on statut