S. Marasinghe alias Siripina vs V. Jayaratne – CA 287/1997-2011
The case between S. Marasinghe alias Siripina (substituted by K.C. Marasinghe, A. Marasinghe, et al.) and V. Jayaratne concerned whether the Plaintiff was entitled to a declaration of title to land, the definition of disputed boundaries, and damages resulting from alleged encroachment by the Defendant. The core determination established that the Plaintiff possessed title derived from a previous partition case and that the Defendant had unlawfully encroached upon the Plaintiff’s property by removing a boundary stone wall/fence. The Court affirmed that courts must decide cases based on issues framed, emphasizing the probative value of independent evidence and upholding remedies for boundary disputes as recognized in precedent. The appeal was dismissed with costs, reinforcing the primacy of f

