Mudalihamy vs Appuhamy – clr volume 1 page 067_1

In the case between R. Haldummulla, Mudalihamy (Plaintiff) and Appuhamy (Defendant), the issue concerned the determination of rightful title versus mere possession in an action for ejectment. It was held that once the plaintiff establishes bona fide possession of the property, the burden of proving title shifts to the defendant when ownership is asserted in defense. This holding reaffirmed the principle that possession, when proven in good faith, entitles the possessor to retain the property against all except the true owner. Reference was made to relevant precedents regarding the allocation of the burden of proof in possessory actions. The decision emphasized that a possessor is protected unless a superior title is established and consequently reversed the earlier dismissal, remanding the