The Spiritual Assembly of the Bahai faith in Lanka (Ceylon) vs. Shirani Pushpalatha De Silva – SC APPEAL 25/2018-2024

In the case between The Spiritual Assembly of the Bahai Faith in Lanka (Ceylon) and Shirani Pushpalatha De Silva and Nanayakkara Casen Pallige Alfred De Silva, the court addressed whether mere reliance on a deed of transfer was sufficient to establish exclusive title to land (dominum) in a rei vindicatio action and whether continuous, undisturbed possession by the respondents for more than 30 years conferred prescriptive title. The holding confirmed that the plaintiff, relying solely on the 1972 deed, failed to discharge the burden of proving exclusive ownership, while the respondents established prescriptive title through long possession. The judgment reaffirmed the principle that title in a rei vindicatio action must be strictly proved and that prescriptive possession can defeat a deedho

REF: SC APPEAL 25/2018-2024 Category: Tag:
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