Neththasinghe Parasangilige Susantha Fonseka Samarasekara vs A. Abdul Azeez – CA 1137/96-2013

In the case between Neththasinghe Parasangilige Susantha Fonseka Samarasekara (Plaintiff) and A. Abdul Azeez (Defendant), the court addressed issues concerning a declaration of title to property, the legality of the defendant’s structures, ejectment of the defendant from adjoining land, and the defendant’s claim of protected tenancy. It was held that the plaintiff failed to establish sufficient title to the disputed land and that the pleadings did not properly connect the ownership claim with the relief of ejectment. The judgment reaffirmed the principle that a plaintiff in a title action must precisely identify and prove title to the specific property in dispute and that joinder of causes of action must comply strictly with Section 35 of the Civil Procedure Code. Reliance was placed on es