Assala Arachchie v. Gunaserera – sllr 2000 volume 2 page 138

The case between Assala Arachchie and Gunasekera & Others addressed the issue of whether a plaintiff who has pleaded tenancy must prove termination of that tenancy before seeking ejectment and possession, and whether an action based on ejectment and possession could be converted into an action for a declaration of title absent a specific pleading for such relief. It was determined that the burden rests on the plaintiff to prove that the tenancy has ended, and admission of tenancy precludes a simultaneous claim for a declaration of title when such relief has not been sought in the pleadings. The decision reaffirmed that conversion to a title action cannot occur where title is not in dispute and was not sought in relief, relying on established case law regarding pleadings and burdens of proo