Deeman Silva v. Silva and Others – sllr 1997 volume 2 page 382

In the case between Deeman Silva (plaintiff-respondent) and 3rd defendant-appellant Silva and others, the court addressed whether an action for definition of boundaries (actio finium regundorum) is maintainable when the plaintiff fails to plead or prove an ascertainable boundary existing in the past. It was determined that the burden rests on the plaintiff to independently establish, through specific evidence, the previous existence and subsequent obliteration of a common boundary, as opposed to shifting the burden to the defendant to prove title or boundaries. The court held that reliance on a superimposition plan and partition plan without independent proof of the plaintiff’s own boundary did not satisfy this burden. The appellate decision reaffirmed the principle that an action for defi