Hangidigedara Thilakaratne vs Galkaduwegedara Sunil Jayathilake – SC APPEAL 27/2013-2013

In the case between Sumanawathi (substituted appellant for Hangidigedara Thilakaratne) and Galkaduwegedara Sunil Jayathilake, the court addressed the issue of whether valid title to Lot No.4 in a partition action had been established by the plaintiff through various deeds and assignments. It was held that the appellant failed to prove title to the property, leading to a dismissal of the appeal. The decision reaffirmed the principle that strict proof of title is necessary in a rei vindicatio action, particularly when land transfers occur during pending partition proceedings. Reliance was placed on statutory provisions of the Partition Law, related case law, and interpretation of the doctrine of exceptio rei venditae et traditiae, emphasizing that title must be clearly established where inte