Kunchithamby Sellathangham et al. vs Sinnathamby Rasia Alias Kanthasamy et al. – CA 657/99 F -2022

In the case between Kunchithamby Sellathangham and others (Substituted-Plaintiffs/Appellants) and Sinnathamby Rasia Alias and Kunchithamby Rasathy (Defendants/Respondents), the Court addressed the issue of whether the Substituted-Plaintiffs, claiming title solely by prescription and long, undisturbed possession, established lawful ownership to the disputed land, amid counterclaims supported by deed evidence from the Defendants. The holding affirmed the requirement that a plaintiff in a vindicatory action must establish title and that mere long possession, absent corroborative title proof, is insufficient. The principle reaffirmed is that the burden of proof in actions for declaration of title and ejectment rests with the plaintiff, especially where adverse possession is asserted. The decis