M. P. Sumanawathi vs M. B. Jayakaduwa – CA 247/1997-2011

In the case between M. P. Sumanawathi (Plaintiff-Appellant) and M. B. Jayakaduwa (Defendant-Respondent), the court addressed the issue of title to a disputed parcel of land and the Plaintiff’s request for eviction and damages. It was determined that the Plaintiff failed to establish both valid legal title and actual or constructive possession, which are necessary prerequisites for such a claim. The principle reaffirmed is that, in actions for declaration of title, the burden rests on the Plaintiff to prove title and identity of the property, and only if legal title is admitted does any burden shift to the Defendant. This decision relied on established case law and Section 3 of the Prescription Ordinance, underscoring that longstanding, uninterrupted possession by the Defendant granted pres