Lakshman Waidyasiri and others Vs. M.Malani Costa – CA 70/97-2012

In the case between Lakshman Waidyasiri and Susila Ranasinghe (Defendant-Appellants) and M. Malani Costa and M.A. Siripala (Plaintiff-Respondents), the court addressed the issue of whether the plaintiff-respondents had acquired valid title to the disputed land through prescription sufficient to warrant a declaration of title and order of ejectment against the defendants. It was held that the plaintiffs failed to establish the necessary elements of prescriptive possession and did not discharge the required burden of proof for title. The principle reaffirmed was that in an action for declaration of title, the burden rests entirely on the plaintiffs and cannot be shifted by weaknesses in the defense. This determination relied upon statutory requirements for prescriptive title and emphasized t

REF: CA 70/97-2012 Category: Tag:
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