Nawagamage Ishani Udeshika Perera vs Asithanjan Panduka Sena Amarasinghe – SC Appeal 73/2013-2025

The court addressed the issues of land co-ownership despite an unsigned division plan, the applicability of estoppel, and the maintainability of a boundary demarcation action in the presence of suspected encroachment and a life interest. The Supreme Court affirmed the dismissal of the Plaintiffs’ action for boundary demarcation. It was determined that while the lower courts erred in their reasoning regarding continued co-ownership, the action ultimately failed because boundary demarcation is not the appropriate remedy for encroachment, and the Plaintiffs were not entitled to possession due to an existing life interest. This decision reaffirmed the principle that an action for boundary definition is distinct from an action to vindicate title for encroached land, and the right to possession

REF: SC Appeal 73/2013-2025 Category: Tag:
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