Podi Menika vs Gunasekera – sllr 2005 volume 2 page 207

In the case between H. M. Premalatha Podimenika and D. M. Gunasekera, the court considered whether, under Section 328 of the Civil Procedure Code, a claimant is obliged to prove title or if establishing bona fide possession suffices. It was determined that the proper standard requires proof only of possession and not title. The findings established that the District Judge misinterpreted both the factual evidence and the law by insisting on proof of title despite clear evidence of possession and improvement. The principle was reaffirmed that under Section 328, establishing possession alone is required, consistent with authorities such as Pathirana vs. Aahangama, Abdul Cadar vs. Nagaratnam, and Ariff vs. Kandasamy Pille. The decision set aside the earlier District Court order and awarded cos