Premarathne v. Kalamawathie – SC APPEAL 118/18-2021

In the case between Walpola Liyanage Premarathne (Plaintiff–Respondent) and Abeydeera Arachchige Charlotte Kalamawathie (Defendant–Appellant), the court addressed the issue of the validity and effect of a transfer deed (No. 3008) concerning title and possession of a parcel of land. It was held that the deed transferring title to the plaintiff was duly proved and executed, and the relief granted by the lower courts was affirmed. The principle reaffirmed is that the substantive rights of a litigant are determined not by the nomenclature of the action (rei vindicatio vs. ejectment) but by the evidence proving title and right of possession. Reliance was placed on statutory provisions such as the Evidence Ordinance and the Civil Procedure Code, as well as established precedents emphasizing that