B. Manohari Fernando Aththachchi and Others vs. Indra Manchanayake – CA NO.473/98-2013

In the case between B. Manohari Fernando Aththachchi and others (Plaintiff-Appellants) and Indra Manchanayake (Defendant-Respondent), the court addressed whether the plaintiff-appellants sufficiently established title to Lots 41 and 44 as depicted in Plan No. 479. It was held that the plaintiffs failed to produce original title deeds or linked documentary evidence substantiating ownership, in addition to inconsistencies in their oral and written evidence regarding the land’s extent. The decision reaffirmed the principle that non-production of reasonably available evidence may result in adverse inference under Section 114(f) of the Evidence Ordinance. Relying on principles under the Evidence Ordinance, it was concluded that deficiencies in the plaintiffs’ proof justified dismissal of the ap