Marimuttu Shanmugam vs D.M. Gunapala – SC APPEAL 157/2017-2024

In the case between Marimuttu Shanmugam (and, upon substitution, Marimuttu Selvanayagam) and D.M. Gunapala, the court addressed the question of whether title over the disputed land, including Lots G and H, was validly vested in the Plaintiff/Appellant based on a State grant (P1), in contrast to the Defendant/Respondent’s claim relying on an earlier permit (V1). The dispute centered around conflicting documentary and survey evidence, the sufficiency of proof in a rei vindicatio action, and entitlement to compensation for improvements. The Supreme Court determined that the Plaintiff’s title was sufficiently established through the boundaries and extent proven by survey plans and the tenement list, that the Defendant failed to demonstrate a superior title or a right to compensation, and that