A.K.N.P. Perera vs K.R. Nobert – CA 800/99F-2015

In A.K.N.P. Perera v. K.R. Nobert, the court addressed whether the Defendant was entitled to a servitude or right of way over the Plaintiff’s land, based on prescription or necessity, and determined the proper allocation of the burden of proof in such matters. It was held that in negative declaratory actions, the Plaintiff bears the burden to prove that the Defendant had no right of way, reaffirming the principle that the nature of the action dictates the allocation of the burden of proof. This decision relied upon established legal authorities, emphasizing that evidence must demonstrate the lack of the claimed right rather than requiring the Defendant to establish the same, thereby upholding the lower court’s decision and awarding costs to the Defendant.

P.W.D.C. Jayathilake J. — The fi