Bowekumburegedara Dharmasiri Fernando vs Chandrasena Pathirannehelage Piyaratne Somasiri – SC APPEAL NO. 105/10-2012

In the case between Bowekumburegedara Dharmasiri Fernando (Respondent) and Chandrasena Pathirannehelage Piyaratne Somasiri (Petitioner/Defendant-Appellant), the court addressed the issue of proper identification of land in a vindicatory action, analyzing discrepancies between the permit held by the respondent and Surveyor General’s plans. The court held that the burden of proof concerning the identification, boundaries, and extent of the land had not been satisfactorily discharged by the respondent, resulting in the dismissal of his claim. It was reaffirmed that in actions vindicating title to property, precise identification of the land is essential, and failure to do so precludes relief. This decision relied on principles related to vindicatory actions and the rule that the party seeking