IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

1. Ihala Lokuhewage Gnanasundara, (Deceased)

1(a). H.A. Podimanike, 1(b). Ihala Lokuhewage Upali CA/0875/99 F Wickramasinghe, DC Rathnapura 1(c). Ihala Lokuhewage Rupa Malani, 1519/L 1(d). Ihala Lokuhewage Saman Wickramaratna, 1(e). Ihala Lokuhewage Mallika Jayaweera, 1(f). Ihala Lokuhewage Nihal Jayaweera, 1(g). Ihala Lokuhewage Anura Bambarakotuwa, 1(h). Ihala Lokuhewage Seetha Jayawickrama, All of near Dewalaya Ratnapura.

2. Ihala Lokuhewage Karunaratna, 3. Nanayakkara Kudachchige Rathnasekera, All of Gurubawilagama, Balangoda (Deceased) 4. Nanayakkara Kudachchige Agnus Nanayakkara

4(a). Athukoralage Jayathilaka Yatipahuwa, Kiriella.

4(b). Ihala Lokuhewage Gnanasundara (Also the 1st Plaintiff)

4(c). Ihala Lokuhewage Karunaratna (Also the 2nd Plaintiff)

4(d). Nanayakkara Kudachchige Rathnasekera (Also the 3rd Plaintiff) All of near Dewalaya Ratnapura.

4(e). Nanayakkara Kudachchige Rathnawathi Manike (Also the 5th Plaintiff)

4(f). Nanayakkara Kudachchige Danawathie Hamine (Also the 6th Plaintiff)

All of Gurubawilagama, Balangoda

5. Nanayakkara Kudachchige Rathnawathi Manike

6. Nanayakkara Kudachchige Danawathie Hamine

6(a). A.P. Wijesundara All of Gurubawilagama, Balangoda Plaintiffs Vs

1. Nanayakkara Kudachchige Sirisena, 2. Nanayakkara Kudachchige Leelarathne 3. Hapurugala Witharamalage Jane Nona All of Balakotunna, Gurubawilagama, Balangoda. Defendants And Between

1. Nanayakkara Kudachchige Sirisena, 2. Nanayakkara Kudachchige Leelarathne

3. Hapurugala Witharamalage Jane Nona All of Balakotunna, Gurubawilagama, Balangoda.

Defendant-Appellants Vs (Deceased) 1. Ihala Lokuhewage Gnanasundara, 1(a). H.A. Podimanike, 1(b). Ihala Lokuhewage Upali Wickramasinghe, 1(c). Ihala Lokuhewage Rupa Malani, 1(d). Ihala Lokuhewage Saman Wickramaratna, 1(e). Ihala Lokuhewage Mallika Jayaweera, 1(f). Ihala Lokuhewage Nihal Jayaweera, 1(g). Ihala Lokuhewage Anura Bambarakotuwa, 1(h). Ihala Lokuhewage Seetha Jayawickrama, All of near Dewalaya Ratnapura.

2. Ihala Lokuhewage Karunaratna, 3. Nanayakkara Kudachchige Rathnasekera, All of Gurubawilagama, Balangoda (Deceased) 4. Nanayakkara Kudachchige Agnus Nanayakkara

4(a). Athukoralage Jayathilaka Yatipahuwa, Kiriella.

4(b). Ihala Lokuhewage Gnanasundara (Also the 1st Plaintiff)

4(c). Ihala Lokuhewage Karunaratna (Also the 2nd Plaintiff)

4(d). Nanayakkara Kudachchige Rathnasekera (Also the 3rd Plaintiff) All of near Dewalaya Ratnapura.

5. Nanayakkara Kudachchige Rathnawathi Manike

6. Nanayakkara Kudachchige Danawathie Hamine

6(a). A.P. Wijesundara All of Gurubawilagama, Balangoda Plaintiff-Respondents Before: C.P. Kirtisinghe – J.

Mayadunne Corea – J.

Counsel: Dushantha Kularathna instructed by I. Bandara for the Defendant-

Appellants.

S. Liyanage Instructed by Ms. A. Singh for the 6^th Plaintiff-Respondent. B.O.P. Jayawardene with Oshada Rodrigo for 2(f), 3(a)(a) and 4(a)(a)

Plaintiff-Respondents Argued on: 12.01.2023 Decided On: 14.03.2023 .

C. P. Kirtisinghe – J The Defendants-Appellants have preferred this appeal from the judgement of the learned District Judge of Rathnapura dated 31.08.1999. The learned District Judge has entered judgment for the Plaintiffs. The Plaintiffs-Respondents had instituted this action against the 1^st, 2^nd and 3^rd Defendants praying for a declaration to the effect that the Plaintiffs are the lawful owners of the land called “Nayakadewatta” which is more fully described in the schedule to the amended plaint and the buildings standing thereon, to eject the Defendants from the corpus in this case and to recover damages.

According to the devolution of title set out by the Plaintiffs in the amended plaint, the original owner of the land was one Punchi Rala and his rights had devolved on his only daughter Lama Ethana who is the mother of the six Plaintiffs. Lama Ethana had gifted her rights to the property, in 1954, to the Plaintiffs by the deed no. 3043 marked පැ2. At the trial issues No. 1, 2 and 3 had been raised on behalf of the