Pathirana Arachchige Vipulasiri Ariyawansa vs Matarage Dona Kusumawathie – SC Appeal 153/2018-2025

The case involved a dispute over land ownership where the Plaintiff-Respondent sought a declaration of constructive trust and ejectment. The Plaintiff-Respondent claimed title through an earlier registered deed, while the Defendant-Appellant’s deceased husband acquired the same land through a subsequent deed from the same grantor. The District Court dismissed the Plaintiff’s action, despite acknowledging proof of title, due to the cause of action being framed as a constructive trust without a specific prayer for declaration of title. The Civil Appellate High Court overturned this decision, granting ejectment in favor of the Plaintiff. The Supreme Court upheld the Civil Appellate High Court’s judgment, dismissing the appeal. It was determined that the District Court’s established findings o

REF: SC Appeal 153/2018-2025 Category: Tag:
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