K.M.Navaratne Banda vs. Siriyawathie Mendis et al. – CA 824/97-1997

In the case between K.M. Navaratne Banda (Plaintiff-Appellant) and Siriyawathie Mendis and others (Defendants-Respondents), the court addressed whether the Plaintiff had established a valid title to the disputed land necessary to sustain a rei vindicatio action. It was held that the Plaintiff failed to prove sole ownership, given deficiencies in genealogical evidence, deeds, and identification of the property, as well as an unproved last will affecting inheritance. The principles underlying property recovery by rei vindicatio were reaffirmed, including the requirement that the Plaintiff’s title and the identity of the subject land must be clearly established by a preponderance of evidence. The decision emphasized that a failure to prove title, regardless of the Defendants’ lack of a prescr