Vadivelu Anandasiva & Another vs Paranirupasingham Arulrajasingham & Another – SC APPEAL NO. 68/2014-2024

In the case between the 1st Defendant–Respondent–Appellant and parties contesting the Wellawatte property (notably between the appellant and contesting respondents under the Thesawalamai law), the court addressed the classification of the disputed property as “Thediathetam” under Thesawalamai law. The court held that the burden of proof lies on the party asserting the property is Thediathetam, and insufficient evidence was provided by the appellant to meet this burden. The High Court’s decision was accordingly affirmed, and the appeal dismissed. The decision emphasized the principle that where statutory and customary law determine property characterization, claimants must substantiate their assertions through credible evidence, complying with the burden of proof prescribed by the Evidence