Sirimawathie vs. Mohideen – sllr 2021 volume 3 page 376

In SIRIMAWATHIE (Plaintiff) vs. MOHIDEEN (Defendant), the court considered whether the plaintiff in a rei vindicatio action had adequately identified the land over which title was claimed. It was held that the plaintiff’s failure to present a proper plan or description to establish the precise boundary of the land rendered the claim invalid. The decision reaffirmed the principle that, in actions for declaration of title, the burden rests upon the claimant to clearly identify the subject land before examination of title or rights is appropriate. Reliance was placed on settled legal standards governing identification and proof of title, emphasizing that without proper demarcation, a rei vindicatio action cannot succeed.

Samayawardhena J. — Upon review, it was determined that the plaintiff