Kulasinghe Mudiyanselage Silindu Menike et al. vs. Kulasekara Mudiyanselage Abeyratne et al. – SC APPEAL 152/2012-2020
In the case between Kulasinghe Mudiyanselage Silindu Menike and others (Plaintiff-Respondent-Appellants) and the 1st and 2nd Defendant-Appellant-Respondents (with the 3rd Defendant-Respondent intervening), the court addressed the issue of whether the boundaries and identity of an “amalgamated land” described in Plan No. 1901 matched the property claimed in the plaint, as well as the sufficiency of the evidence supporting the trial court’s identification of the land. It was held that the District Court’s findings, based on the commission plan and corroborating witness testimony, correctly established the identity and title to the disputed land. The principle reaffirmed was that appellate intervention is unwarranted where factual findings of a trial judge are supported by clear evidence. Thi

