Amarapathy Mudiyanselage M.J. Amarapathy vs Sumanasiri Harischandra and others – CA 257/1997 (F)-2011

The case between Aluth Muhandiramge Somawathie (substituted by Sumanasiri Harischandra, Susila Muthulatha, and others) and Amarapathy Mudiyanselage Podisingho (substituted by Lucy Nona, Amarapathy M. Senarathne, and others) addressed the issue of entitlement to declaration of title and eviction regarding the land known as ‘Damunugahamulawatta’. It was held that the Plaintiff-Respondents failed to establish sufficient title or proof of corpus, and the Defendants’ leasehold rights and superior documentary title, which were supported by unchallenged evidence and earlier registered deeds, prevailed. The principle reaffirmed is that documentary evidence, absent timely objection, is deemed admitted for all purposes, with the evidentiary burden resting on claimants to establish both title and ide