Wadduwage Dharmadasa vs Manthree Vithanage Jinasena – CA 1108/1998-1998

The case between Wadduwage Dharmadasa (Plaintiff) and Manthree Vithanage Jinasena (Defendant) concerned a dispute over the title to a parcel of land described in the plaint. The court addressed issues related to the validity and execution of deed P1, claims of fraudulent execution by the Defendant, and the Defendant’s assertion of lawful occupation. It was determined that the Plaintiff had established a valid legal title and possession, with deed P1 having been admitted without contest. The principle reaffirmed was that once a plaintiff proves title, the burden shifts to the defendant to establish a lawful claim, which was not achieved in this case. Reliance was placed on the analysis of the evidence, including admissions by the Defendant and the absence of any timely allegations of fraud.