W A Cyril vs H Sugathadasa – CA 857/1999-2011

The case between H Sugathadasa (Sugathadasa Stores, Plaintiff-Respondent) and W A Cyril (Defendant-Appellant) addressed whether the defendant was in unlawful possession of the disputed property after termination of a license and whether the plaintiff was required to prove title when seeking ejectment based on license. The court held that, in actions founded on license and ouster rather than on title (rei vindicatio), it suffices to demonstrate prior possession and ouster, without a requirement for strict proof of title. This reaffirmed the principle that a licensee is estopped from disputing the licensor’s title at the time of granting, relying on section 116 of the Evidence Ordinance and precedent such as Lewis Singho v. Ponnamperuma. The outcome emphasized that, where the action is not i