Ekanayake Mudiyanselage Ukku Banda vs. Adikari Mudiyanselage Herath Banda – CA APPEAL NO. 189/2000-2000

The case between Ekanayake Mudiyanselage Ukku Banda (Plaintiff/Respondent) and Adikari Mudiyanselage Herath Banda (Defendant/Appellant) addressed the issue of entitlement to declaration of title, ejectment, and damages in respect of disputed land. It was held that the Plaintiff, having established title via a chain of conveyances originating from a Crown Grant, was entitled to the relief claimed. The principle reaffirmed is that in a rei vindicatio action, where the Plaintiff proves title and the Defendant is in possession, the burden shifts to the Defendant to prove adverse possession or prescriptive title. The decision relied on established judicial authority regarding the burden of proof in actions involving conflicting claims of title and prescription. The outcome underscores that pres