Galle Hewage Lanty vs Wewalwala Hewage Geramiyas – CA 1057/1998-2012

The case between I. Murrukku Hewage Babynona and others (Substituted Plaintiffs-Appellants for Galle Hewage Lanty, deceased) and Wewalwala Hewage Geramiyas (Defendant-Respondent) addressed the issue of whether the Substituted Plaintiffs acquired title to the entirety of Lot No. 7 by survivorship after partition and transfer, and whether the Defendant-Respondent could claim ownership by prescription. It was held that the Plaintiffs failed to establish entitlement to full ownership of the property, reaffirming the principle that in a rei vindicatio action, the burden rests on the plaintiff to definitively prove title. This decision relied on established burden of proof authority and emphasized that uncertainty or deficiencies in establishing chain of title are fatal to a claim for declaratio

REF: CA 1057/1998-2012 Category: Tag:
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