IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Premalal Leelananda Thilakaratne, “Sinha Sevana”, Batahira Kalatuwawa, Thummodara.

Plaintiff SC Appeal No. 138/2009 SC(HC) CALA 248/2009 WP/HCCA/AV/45/2008 (F) D.C. Awissawella No. 486/L Vs.

Hewa Hakuruge Wijaya Nandasiri Kumara, Batahira Kalatuwawa, Thummodara.

Defendant AND Hewa Hakuruge Wijaya Nandasiri Kumara, Batahira Kalatuwawa, Thummodara.

Defendant - Appellant Vs.

Premalal Leelananda Thilakaratne, “Sinha Sevana”, Batahira Kalatuwawa, Thummodara.

Plaintiff - Respondent AND BETWEEN Premalal Leelananda Thilakaratne, “Sinha Sevana”, Batahira Kalatuwawa, Thummodara.

Plaintiff - Respondent - Appellant (deceased)

Weerajissara Anuruddha Thilakaratne, No. 09, Unagaswewa, Suchirathagama Road, Anuradhapura.

Substituted Plaintiff - Respondent - Appellant Vs.

Hewa Hakuruge Wijaya Nandasiri Kumara, Batahira Kalatuwawa, Thummodara.

Defendant - Appellant - Respondent (deceased)

1A. Wanarajage Sunethra Pushpakumari Munasinghe, 1B. Sirikumarage Mahesh Kumara Sirikumara, 1C. Sirikumarage Savindu Suresh Sirikumara, All of No. 15A, Batahira Kalatuwawa, Thummodara. Substituted Defendants - Appellants - Respondents Before: Justice A. L. Shiran Gooneratne Justice Janak De Silva Justice Sampath B. Abayakoon Counsel: Sudath Jayasundara instructed by Dhammika Pathirana for the Substituted Plaintiff-Respondent-Appellant.

Rohan Sahabandu, PC with Chathurika Elvitigala, Sachini Senanayake and Pubudu Weerasuriya instructed by A. Perera for the Substituted Defendant-Appellant-Respondents Argued on: 07/03/2025 Decided on: 07/08/2025 A. L. Shiran Gooneratne J.

1. Procedural History [1] By Plaint dated 17/10/1988, the Plaintiff-Respondent-Appellant filed Case No.

486/L in the District Court of Awissawella against the Defendant-Appellant- Respondent. The Appellant sought inter alia, a declaration of title to the land described in the schedule to the Plaint, along with an enjoining order in the first instance, and then an interim injunction to restrain the Defendant from destroying the vegetation and attempting to construct a house on the said land.

[2] In paragraphs 2, 3 and 4 of the Plaint, the Plaintiff states that one Yakdessalage Nonna has acquired prescriptive rights by long possession, and that she became the owner of the land described in the schedule to the Plaint. He claims that said Nonna, by Deed of Gift bearing No. 1040 dated 30/09/1980, gifted the land to the Plaintiff subject to her life interest, and that she continued to be in possession and occupation of the land independent of all other interests.

[3] In paragraph 5 of the Plaint, the Plaintiff states that on or about 05/09/1988, the Defendant entered the land forcibly and unlawfully and commenced cutting down trees and constructing a house.

[4] On 07/02/1990, the Plaintiff moved for a commission and accordingly, Plan No. 2188, made by N.A. Somaratna, licensed surveyor, dated 28/07/1993, along with the surveyor’s report, was duly filed of record.

[5] The Defendant by answer dated 05/09/1994, claimed that he is in possession of Lot No. 3, in Plan bearing No. 2188, and claimed title on the basis that the said Lot No. 3 is a divided portion of the land more fully described in the schedule to the Answer. The Defendant prayed for a dismissal of the Plaint and claimed Rs. 10,000/- as damages.

[6] At the trial, the Defendant, with permission of court, filed an additional list of documents and witnesses. The new list contained the Deed of Revocation No. 39, dated 02/01/1998, and the Notary Public who attested the said deed was listed as a witness.

[7] At the conclusion of the trial, the learned District Judge by Judgment dated

31/05/2002, decided in favor of the Plaintiff and granted the reliefs prayed for in the Plaint.

[8] Being aggrieved by the said Judgment, the Defendant filed an appeal in High Court of the Western Province Holden in Awissawella exercising its civil appellate jurisdiction (“the Appellate Court”) by Petition of Appeal dated

25/