Polwattage Bandusena Gomez vs Weerathunga Arachchige Samuel de Costa (Deceased) – SC APPEAL 75/2014-2024

The case between the Weerathunga Arachchige de Costa family and Polwattage Bandusena Gomez concerned the title to Lot D in Plan No. 684, arising from an erroneous transfer by Deed No. 1988. The dispute involved an analysis of a settlement from case No. 962/L which, while not allocating Lot D, was construed by the lower courts to confer title to the plaintiffs. It was determined that despite a misinterpretation of the settlement, sufficient evidence existed on the balance of probabilities establishing title against the defendant. The holding reaffirmed the principle that reliance on lower court judgments and the requirements of a rei vindicatio action preserve title rights notwithstanding statutory prescription requirements.

Mahinda Samayawardhena, J.: It was determined that although th