Wickremaarachchige Mallikaka Ranatunga vs Dewalayage Emalin – CA APPEAL NO.841/99-2013

In the case between Wickremaarachchige Mallikaka Ranatunga (Plaintiff) and Dewalayage Emalin, Wahumpurage Sunil Premathilaka, Wahumpurage Wimalatissa, Wahumpurage Lionel, Wickremaratne (Defendants), the court addressed whether a plaintiff seeking a declaration of title and ejectment from a land portion has complied with legal requirements for the identification and certainty of the disputed area in terms of sections 41 and 46(2) of the Civil Procedure Code. It was held that the plaintiff failed to identify the disputed portion with sufficient legal certainty and did not satisfactorily establish title or boundaries through credible evidence, particularly regarding the survey plan and surveyor’s testimony. This reaffirmed the principle that a declaration of title to land necessitates precise