W. Marie Helan Patricia Fernando Vaikkala v. W. Mary Miulin Philamine Fernando Vaikkala – CA 1142/99 F -1999

In the case between W. Marie Helan Patricia Fernando (Plaintiff/Appellant) and W. Mary Miulin Philamine Fernando (Defendant/Respondent), the court addressed whether the Plaintiff was entitled to a declaration of title and ejectment relating to a disputed land parcel identified in the 2nd Schedule to the Plaint. Central issues included the identification of the correct land lot as per prior deeds, the legal effect and validity of Deed No. 8764 and Deed No. 1223, and the parties’ competing claims based on inheritance and prescriptive title. It was held that the evidence and proper construction of deeds established the Defendant’s entitlement to Lot 7 of Plan No. 2062, representing the Defendant’s 1/3 inherited share, rather than the Plaintiff’s claimed 2/3 share. The Plaintiff’s claim was fo