Horathepola Gunaratne Thera vs A.P.M.Samsudeen – CA APPEAL NO. 701/98-2013

The case between Horathepola Gunaratne Thera, Viharadhipathi, Sri Gunaratanaramaya, Kudalupottha, Bammana, Narangoda (Plaintiff/Appellant) and A.P.M. Samsudeen, M.S.M. Imthiyas, Mohammadu Samsudeen Nigrir (Defendants/Respondents) addressed the issue of entitlement to a declaration of title to lot 32. The court held that the plaintiff/appellant had failed to establish clear or absolute title to the property in question, thereby upholding the District Judge’s decision to dismiss the claim for declaration of title. The findings reaffirmed the principle that a party seeking declaration of title must demonstrate clear and complete ownership, supported by valid evidence. This decision relied upon analysis of title deeds (notably P1 and P2) and emphasized that incomplete or disputed title preclud