Dilrukshi Dissanayake v. Beminihennadige Meulet Malini Fernando and Nishantha Aponso – SC APPEAL NO. 87/16-2017

In the case between Plaintiff-Appellant (represented by Viraj Anthony Jayakody) and Defendant-Respondents Beminihennadige Meulet Malini Fernando and Nishantha Aponso, the court addressed the issue of entitlement to possession and ejectment from immovable property. It was determined that the Plaintiff-Appellant, having established ownership, was also entitled to an order for ejectment of the Defendant-Respondents who were found to be in unlawful occupation. The principle reaffirmed is that, in an action for rei vindicatio, if ownership and unlawful occupation are both clearly established, an order for ejectment must follow. This outcome relied on established legal authority, including precedent from Pathirana Vs Jayasundera, emphasizing that refusal of ejectment in such circumstances is imp