Walpola Liyanage Premarathne vs Abeydeera Arachchige Charlet Kamalawathie – SC APPEAL 118/2018-2021

In the case between Walpola Liyanage Premarathne (Plaintiff-Respondent) and Abeydeera Arachchige Charlet Kamalawathie (Defendant-Appellant), the court addressed whether proof of title by deed entitles a party to relief of ejectment, even in the absence of a specific prayer for a declaration of title. It was held that, upon establishing title through the deed (Deed No.3008 dated 5.5.2008), relief for ejectment may be granted even where a declaration of title has not been expressly sought. This principle was reaffirmed with reliance on established case law, including Jayasinghe Vs Tikiri Banda, Dharmasiri Vs Wickramatunga, and Pathirana Vs Jayasundara, underscoring that proof of title is sufficient for such relief. Section 68 of the Evidence Ordinance was pivotal in evaluating the admissibil