Hewayage Saradiyel and J Jane nona vs Hewayage Gunasekara – CA 826/96-2011

In the case between Hewayage Gunasekara and others (Plaintiff-Respondents) and Hewayage Saradiyel, J Jane nona, and others (Defendant-Appellants), the court examined the entitlement of the plaintiffs to a declaration of title to a 2/5 share of a specified paddy field, and whether the defense based on the “Thattumaru system” of rotational cultivation provided the defendants with valid title or constituted a defense to resist ejectment. It was determined that the evidence did not support the defendants’ claim of title under the Thattumaru system, and the plaintiffs’ title was affirmed. This holding emphasized that rotational possession under a customary system does not override clear legal title, and the decision reinforced the principles governing declarations of title and the threshold req