D.M. Seneviratne vs Ven. Nagala Sumanagala – 439/97-2016

In the case between Ven. Nagala Sumanagala, Viharadipathy, Nagala Purana Raja Maha Viharaya, Dodangolla, Bibila (Respondent) and D.M. Seneviratne, Dodangolla, Bibile (Appellant), the issue concerned entitlement to declaration of title and ejectment relating to land described in the plaint. It was held that the Plaintiff demonstrated long-standing possession and prescriptive rights to the land, and the Defendant’s evidence failed to establish a right or State title to the property in dispute. The principle reaffirmed is that clear and corroborated evidence of possession and acquisition under prescription, especially where conflicting historic claims exist, prevails over unsubstantiated assertions of State ownership. Reference was made to prior case law and court findings, confirming effecti

REF: 439/97-2016 Category: Tag:
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