Terrace Linton Percival Tirunayake vs M. George Anthony Fernando – SC APPEAL NO 18B/2009-2014

Brief
In the case between the appellant, initially the plaintiff, and the respondent, both parties being substituted over the course of litigation concerning a parcel of land subject to a rei vindicatio action, the Supreme Court considered whether the appellant sufficiently identified the land with precise boundaries as required for a declaration of title. The principal legal issue addressed was whether compliance with statutory provisions, notably section 41 of the Civil Procedure Code, and the provision of a definitive survey plan were met by the appellant. Proceedings commenced with a District Court judgment favoring the appellant, later reversed by the Civil Appellate High Court on the ground that the land’s identity had not been conclusively established. Leave to appeal was granted on