IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the ma(cid:425)er of an appeal under and in terms of Sec(cid:415)on 5C(1) of the High Court of the Provinces (Special Provisions) Act, No. 19 of 1990, as amended SC Appeal No. 242/2014 SC/HCCA/LA/218/2014 Uva/HCCA/BDL/05/2006(F)

DC Welimada No. L/854 Samsudeen Mohammed Khan, Mahathenna, Guruthalawa.

PLAINTIFF - Vs -

M.A. Hameed Ibrahim Nachchiya, Mahathenna, Guruthalawa. DEFENDANT And Between M.A. Hameed Ibrahim Nachchiya, Mahathenna, Guruthalawa.

DEFENDANT – APPELLANT - Vs -

Samsudeen Mohammed Khan, Mahathenna, Guruthalawa.

PLAINTIFF – RESPONDENT And now between Mohammed Khan Abdul Kuthoos, Mahathenna, Guruthalawa.

1C SUBSTITUTED PLAINTIFF – APPELLANT - Vs -

M.A. Hameed Ibrahim Nachchiya, Mahathenna, Guruthalawa.

DEFENDANT – APPELLANT – RESPONDENT Samsudeen Mohammed Khan, [Deceased]

Mahathenna, Guruthalawa.

PLAINTIFF – RESPONDENT (1A) Majeed Jeithoon Bee [Deceased]

(1B) Mohammed Khan Washeela Umma (1D) Mohammed Rasheena Bee Bee (1E) Mohammed Khan Muvina Umma (1F) Mohammed Khan Ishak (1G) Mohammed Khan Ameena Umma All of Mahathenna, Guruthalawa.

SUBSTITUTED PLAINTIFFS – RESPONDENTS Before: Murdu N.B. Fernando, PC, CJ E.A.G.R. Amarasekara, J Kumudini Wickremasinghe, J Achala Wengappuli, J Mahinda Samayawardhena, J Arjuna Obeyesekere, J K. Priyantha Fernando, J Counsel: Shyamal A. Collure with A.P. Jayaweera and Prabath S. Amerasinghe for the 1C Subs(cid:415)tuted Plain(cid:415)ff – Appellant Navin Marapana, PC with Uchitha Wickremasinghe and Thanuja Meegahawa(cid:425)e for the Subs(cid:415)tuted Defendant – Appellant – Respondent Argued on: 4^th September 2023 Wri(cid:425)en Tendered by the 1C Subs(cid:415)tuted Plain(cid:415)ff – Appellant on 21st January 2015 Submissions: and 30^th November 2023 Tendered by the Subs(cid:415)tuted Defendant – Appellant – Respondent on 20th May 2015 and 23^rd October 2023 Decided on: 16^th June 2025 Obeyesekere, J The Plain(cid:415)ff – Respondent [the Plain(cid:415)ff] and the Defendant – Appellant – Respondent [the Defendant] are brother and sister. Their father, Ebrahim Samsudeen had been issued a permit by the State in 1955 under the Land Development Ordinance in respect of Lot No. 197 in Final Village Plan [FVP] No. 189. Ebrahim Samsudeen had nominated the Plain(cid:415)ff as his successor. Upon the death of Ebrahim Samsudeen, the name of the Plain(cid:415)ff had been inserted as the permit holder in 1987.

The Plain(cid:415)ff filed ac(cid:415)on against his sister in the District Court of Bandarawela on 5th January 1990. The First Schedule to the plaint referred to Lot No. 197 in FVP No. 189. The Plain(cid:415)ff claimed in his plaint that he allowed the Defendant to temporarily occupy part of the land referred to in the First Schedule, which part had been morefully referred to in the Second Schedule to the plaint, together with a building situated thereon, and that the Defendant had refused to vacate the said land occupied by her. The Plain(cid:415)ff accordingly prayed inter alia for a declara(cid:415)on that he is the owner of the land referred to in the Second Schedule, and for an order ejec(cid:415)ng the Defendant from the said land referred to in the Second Schedule and to hand over vacant possession thereof to the Plain(cid:415)ff.

Having denied in her answer almost the en(cid:415)rety of the averments of the plaint, the Defendant claimed that she has been in occupa(cid:415)on of the said land for over 18 years and that she has effected improvements on the said land including the construc(cid:415)on of a house. While moving for a dismissal of the plaint, the Defendant pleaded, in the event of Court holding with the Plain(cid:415)ff, for compensa(cid:415)on in a sum of Rs. 700,000 for improvements effected by her.

Death of the Plain(cid:415)ff and subs(cid:415)tu(cid:415)on The Plain(cid:415)ff passed away on 16th November 1994 prior to the commencement of the trial. In his place, his wife and children, the present 1C Subs(cid: