W. A. Dingiri Banda Weerasinghe and others Vs. P. G. Nimal Wijesiri and others – CA 943/1998-1998

Brief
In the case between W. A. Dingiri Banda Weerasinghe, K. M. D. S. Weerawardema (Appellants) and P. G. Nimal Wijesiri, Suramya Gunasekera (Respondents), the court addressed the issue of alleged encroachment on adjacent land lots. It was determined that the claim of a permanent boundary change totaling approximately 2.50 perches lacked sufficient evidentiary substantiation, with particular consideration given to the reliability of the Surveyor’s plan and testimony, as well as the absence of supporting independent documentation such as police or administrative complaints. The holding confirmed that, on a balance of probabilities, the purported encroachment was not proven. The court reaffirmed the principle that clear and convincing evidence is necessary to disturb established property bo