G.B.Piyadasa vs P.W. Dayasena – C A 787/96 F-2011

The case between G.B. Piyadasa (Plaintiff-Appellant) and P.W. Dayasena (Defendant-Respondent) addressed whether the plaintiff established valid title to the land in question to warrant a declaration of title and order of ejectment against the defendant. It was held that the plaintiff failed to establish a sufficient title, as the evidence demonstrated that only an undivided portion of the property was acquired by the plaintiff’s predecessor, and the subsequent transfer to the plaintiff lacked the necessary recitals linking title. The legal principle reaffirmed was that in a revindicatio action, the burden is on the plaintiff to prove the identity of the land and legal title on a balance of probability. The decision relied on the analysis of deeds P1 and P16 and the principle that clear tit

REF: C A 787/96 F-2011 Category: Tag:
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