Wannakuwatta Mitiwaduge Agnes Sirimawathie vs Mohomad Mohideen Mohomad Shakeer Mohideen – SC APPEAL 116/2013-2021

In the case between Mohomad Mohideen Mohomad Shakeer Mohideen (plaintiff, with substituted parties) and Warnakulasuriya Mahawaduge Emalin Peiris (defendant, with substituted parties), the court addressed the issue of whether the plaintiff had properly identified the land in dispute, a prerequisite for a successful rei vindicatio action. The court determined that the plaintiff failed to provide clear evidence or precise identification of the land claimed, rendering the action unsustainable. This holding reaffirmed the principle that, in actions involving declarations of title and possession, the burden rests on the plaintiff to establish and identify the subject property with certainty. The decision referenced the inadequacy of the plaintiff’s title documents and land description against th