Porage Nandawathie Perera vs Senadheerage alias Polwattage Samaranayake – SC Appeal No. 162/2014-2025

This case concerns a land dispute originating as a boundary demarcation action, subsequently amended to a rei vindicatio action. The District Court dismissed the Plaintiffs’ and 1st Defendant’s claims while granting relief on the 2nd Defendant’s cross-claim. The High Court overturned this, deeming the cross-claim incompatible with the initial action and invoking Res Judicata. The Supreme Court allowed the appeal, finding the High Court erred by overlooking the amended Plaint, the lack of objection to the cross-claim, and the erroneous application of Res Judicata. The District Court’s judgment was affirmed, and the 2nd Defendant-Appellant was awarded costs.

E. A. G. R. Amarasekara, J. delivered the judgment, allowing the appeal by the 2nd Defendant-Appellant. It was determined that the H