Polwatte Telebulgalage Wimalarathne vs Nainakadayalage Amaradasa – SC APPEAL 73/2012-2025

The court addressed the issue of entitlement to a declaration of title for disputed property, specifically whether relief could be granted for co-ownership when the sole title had not been established. It was held that, despite the plaintiff’s inability to prove exclusive ownership, the evidence substantiated a chain of co-owned title originating from Agnes Fernando to the plaintiff. The judgment reaffirmed that a declaration for the plaintiff’s undivided share may be properly granted, even where exclusive title was not proven, upholding the principle that courts may afford relief aligned with established rights, particularly in the context of co-ownership and established legal doctrines such as Jus Superficiarium. Reliance was placed on applicable statutes, the Rent Act, and cited precede