H.W. Amarasiri vs W.M. Bandara Menika – SC APPEAL NO 108/2022-2025

The court addressed the issue of whether the dispute arose under rei vindicatio principles or from a licensor–licensee relationship. It was held that a claim framed as a contractual dispute based on leave and license is not transformed into a rei vindicatio action merely by seeking a declaration of title. The principle reaffirmed that the inclusion of a declaratory prayer does not alter the substantive nature of the action if the foundation remains contractual. This decision relied on Section 116 of the Evidence Ordinance and pertinent case law, emphasizing that a licensee is precluded from contesting the licensor’s title. The court concluded that the appeal was not sustainable, dismissing it with costs and clarifying the requirements for pleading and characterizing actions involving posse