Karunarathna Abeydeera vs Mirisse Galappaththige Edvin de Silva – CA NO: 1323/96-2012

In the case between Mirisse Galappaththige Edvin de Silva (Plaintiff-Respondent) and Karunarathna Abeydeera (Defendant-Appellant), the court addressed whether the defendant occupied the premises as a tenant or licensee, the entitlement of the plaintiff to a declaration of title and ejectment, and whether the defendant’s purchase of undivided rights barred the plaintiff’s action. It was held that the defendant was a licensee rather than a tenant, enabling the plaintiff to seek a declaration of title and ejectment without the need to include other co-owners as parties. The judgment reinforced the principle that a declaration of title and consequential relief may be maintained against a licensee in lawful occupation, based on evidentiary findings and established precedents. The decision empha