Kalutara Acharige Namadasa alias Sumanapala v. W.D. Wimalaweera – SC APPEAL NO. 95/2012-2016

In the case between Kalutara Acharige Namadasa alias Sumanapala (Plaintiff-Respondent-Petitioner) and W.D. Wimalaweera (Defendant-Appellant-Respondent), the court considered whether the Plaintiff had established title to the disputed land based on documentary admissions by the Defendant and whether a licensee can dispute the owner’s title. The District Court had granted a declaration of title to the Plaintiff, which was reversed by the Civil Appellate High Court. Upon appeal, the Supreme Court determined that the Defendant, through letters and testimony, acknowledged occupying the property as a licensee, and thus was estopped from challenging the Plaintiff’s title under Section 116 of the Evidence Ordinance. Previous case law was cited to reinforce the principle that a licensee cannot disp