Hidellana Janasiri Seneviratne et al. vs. S. K. Podimappuhamy et al. – DCF – 314/2000-2023

In the case between Hidellana Janasiri Seneviratne, Balaberakarayalage Prematunga, and others (Plaintiffs) and S. K. Linton Karunaratna (as substituted Defendant/Appellant), the court addressed the issue of whether the Plaintiffs had properly identified and demarcated the disputed land as required in a vindicatory action. It was determined that the Plaintiffs failed to satisfactorily establish identification of the land through the commissioned surveys and corresponding documents, thereby not meeting the burden of proof necessary for such an action. The principle reaffirmed is that in a vindicatory action, the plaintiff bears the strict legal obligation to prove both title and precise identification of the property claimed. The decision relied on analysis of documentary and survey evidence