Kolaba Liyanage Francis Fanando vs J.K. Lili Ranaweera Perera – CA NO.277/98 F -2013
The case between Kolaba Liyanage Francis Fanando (Plaintiff-Appellant) and J.K. Lili Ranaweera Perera (Defendant-Respondent) addressed the issue of whether the plaint adequately described the metes and bounds of an access road alleged to have been blocked by the defendant. It was held that failure to specify the metes and bounds, or to attach a sufficiently detailed sketch or plan, constituted non-compliance with Section 41 of the Civil Procedure Code. The principle reaffirmed was that any land subject to dispute must be clearly identified in the pleadings, as established in Chettiyar Vs. Chettiyar. The decision emphasized the necessity for strict adherence to statutory requirements in pleadings concerning land, reinforcing procedural rigor to prevent uncertainties in land litigation.
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