Waranakulasuriya Jude Dilan Fernando and Waranakulasuriya Suresh Anajalo Fernando vs Angoda Liyanage Seelawathie and others – CA CASE NO. 294/99 F -2015

In the case between Waranakulasuriya Jude Dilan Fernando and Waranakulasuriya Suresh Anajalo Fernando (Plaintiffs) and Angoda Liyanage Seelawathie, Hugh Modestus Royal Jayathilake, and Indra Lalanie Royal Jayathilake (Defendants), the court addressed the issue of entitlement to declaratory title over a parcel of land alleged by Plaintiffs to be “Mudukatuwayaya,” while Defendants contended the land was “Bogahahena.” It was held that the Plaintiffs had established, on a balance of probability, that the disputed land corresponded to “Mudukatuwayaya,” as per identified survey plans and prior court settlements acknowledging its boundaries. The principle reaffirmed was that the burden of proof regards both identification of the subject matter of a land action and the establishment of title rests