Thajudeen Apukar vs Viharadhipathy Jankurawela Siriniwasa Thero – SC APPEAL 129/2010-2016

In the case between Viharadhipathy Jankurawela Siriniwasa Thero (representing Bodhiyanganaramaya, Pihimbiya) and Thajudeen Apukar (among others), the court addressed the issue of title to disputed land (Lot No.70 and Lot No.71 in FVP 2086). It was determined that the Plaintiff-Respondent, as the Viharadhipathi and representative of the temple, had established title to the land through a dedication instrument, and the Defendant-Appellant’s acts of possession did not confer any legal title. The principle affirmed is that in a rei vindicatio action, the burden of proving title lies with the plaintiff, and unlawful possession affords no right to ownership. Reliance was placed on documentary evidence, related plans, and relevant precedent regarding dedications lacking notarization and the requi