Ihala Hewage Don Bonny Jayaratne vs Kusum Pokunage Premadasa – SC Appeal 40/2015-2015

This case involves an appeal concerning a rei vindicatio action. The Plaintiff-Appellant sought a declaration of title and ejectment of the Defendant-Respondent. Key issues addressed included the burden of proof in rei vindicatio, the existence of a cause of action, and the appeal court’s treatment of the respondent’s claimed statutory tenancy. The Supreme Court ultimately set aside prior judgments, granting the Appellant’s prayers.

Yasantha Kodagoda, P.C., J. – In a rei vindicatio action, once the plaintiff’s title is proven, the onus shifts to the defendant to establish lawful occupation. The High Court incorrectly stated the burden of proof rested solely with the plaintiff. The High Court also erred in revisiting the statutory tenancy issue after the District Judge’s adverse finding,