Dehiwela Mt. Lavinia Municipal Council v. Fernando And Others – sllr 2007 volume 1 page 293

In the case between Dehiwela-Mt. Lavinia Municipal Council (with associated respondent parties) and Fernando and Others (including the defendant‑appellant and various state agencies), the court addressed the admissibility and evidentiary value of a Surveyor General’s plan and report in the context of a land ownership dispute. The principal issues involved whether such documents, despite procedural non-compliance with section 154 of the Civil Procedure Code, could be accepted under the presumption created by sections 74 and 83 of the Evidence Ordinance. The case further examined the threshold for allowing fresh evidence or ordering a retrial, specifically when the proof of title and identification of the disputed land were at stake. The holding determined that the Surveyor General’s evidenc