Gunasekera and Another v. Latiff – sllr 1999 volume 1 page 365

In the case of Gunasekera and another v. Latiff, the court addressed the allocation of the burden of proof and the right to begin proceedings in an action seeking a declaration of title, ejectment, and damages. The dispute involved the plaintiffs asserting ownership of certain premises and the defendants claiming to be tenants. The principal legal issue involved interpreting section 150 of the Civil Procedure Code and sections 101, 102, and 103 of the Evidence Ordinance to determine which party bore the responsibility to begin and carry the burden of proof. It was held that once title is admitted by the defendants, the burden shifts to the defendants to prove lawful possession. Reference was made to relevant precedents confirming this approach. The application for revision was therefore re