Galkadu Dewage Nandasena vs Walimuni Senadheerage Malini Rupasinghe and Handunge Saranapala – SC APPEAL NO. 74/12-2016

In the case between Galkadu Dewage Nandasena (Plaintiff) and Walimuni Senadheerage Malini Rupasinghe and Handunge Saranapala (Defendants), the court addressed issues relating to the sufficiency of evidence to establish title in a rei vindicatio action, specifically whether the plaintiff’s evidence of title was adequate in light of disputed pedigree and the credibility of elderly vendors’ testimony, as well as the defendants’ claim of prescription. It was held that the plaintiff established clear title to the property, with compelling weight granted to the testimony of the vendors and the findings of the Court Commissioner’s survey. The Supreme Court set aside the Civil Appellate High Court judgment that had been unfavorable to the plaintiff, reaffirming the legal principle that, in an acti