Attanayake v. Ramyawathie – sllr 2003 volume 1 page 401

In Attanayake v. Ramyawathie, the court addressed whether a co-owner, bringing suit as a sole owner for a declaration of title and ejectment, may maintain such an action against a trespasser without sufficient evidence of exclusive possession or prescriptive title, and whether relief can be granted for a lesser share than claimed. It was held that a co-owner may, in principle, sue for such relief but must strictly prove entitlement under the evidentiary requirements for declaration of title, including exclusive possession or prescriptive acquisition. The court reaffirmed that seeking a greater remedy does not preclude the granting of a lesser one, yet failure to establish the basic entitlement under law renders the claim unsustainable. Reliance was placed on established legal principles go