Deniyadura Stephen De Silva vs Reginet Anthony – SC APPEAL NO.203/2016-2016

In the case between Deniyadura Stephen De Silva and Reginet Anthony, the court addressed the issue of whether the disputed land (corpus) had been properly identified in the underlying proceedings, and whether a party claiming prescriptive title could simultaneously challenge the identification of the corpus. It was held that the plea of prescriptive title by the Defendant-Appellant-Respondent constituted an implicit admission of the proper identification of the disputed land, rendering objections to corpus identification invalid at the appellate stage. The principle reaffirmed is that a party cannot raise inconsistent pleas regarding the subject matter’s identity while simultaneously claiming a prescriptive title, solidifying procedural fairness and evidentiary principles in property dispu

REF: SC APPEAL NO.203/2016-2016 Category: Tag:
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