Agampodi Kamalawathie De Soysa vs Ranamuka Devage Siri Wijaya – SC APPEAL 88/2018-2024

In the case between Agampodi Kamalawathie De Soysa and Indrani Gunasekera nee De Soysa (Plaintiffs-Appellants) and Ranamuka Devage Siri Wijaya (Defendant-Respondent), the court addressed whether a presumption of title arises from earlier uninterrupted possession by appellants, and whether relief could be granted in a declaration of title action for an undivided share in the absence of specific pleadings. It was held that the appellants failed to prove title to the entirety of the disputed property, reaffirming the principle that in a re vindicatio action, the burden rests on the claimant to establish title on a balance of probabilities, including all links in the chain of title. Reliance was placed on established case law requiring strict proof of title, emphasizing that the lower courts’

REF: SC APPEAL 88/2018-2024 Category: Tag:
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