M.S. Samsul Hidhaya v. Abdul Razak Mohamed Isaak – CA NO.820/97 F -1997

In Abdul Razak Mohamed Isaak v. A.H. Jameela umma (Deceased), represented by Mohamed Thajudeen Marikkar (Deceased), the court addressed whether the plaintiff was entitled to a declaration of ownership and recovery of possession through rei vindicatio. The court determined that title was properly traced and established by the plaintiff through a series of deeds, and that the defendant failed to prove lawful possession as a tenant due to the absence of rental receipts or documentation. It was held that the burden rests on the plaintiff in rei vindicatio to prove title irrespective of the defendant’s position, and upon proof of title, the defendant must demonstrate lawful possession. Based on the evidence, the appeal was dismissed and costs awarded. The decision reaffirmed the principle that