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

1. W. Arthur Deepal Peiris

2. W. Sunethra Peiris

3. W. Ashoka Ajith Peiris No. 256, Galle Road, Mount Lavinia.

Plaintiff-Appellant-Appellant SC/APPEAL/37/2014 WP/HCCA/MT/12/2008 (F)

DC MOUNT LAVINIA 701/02/SPL Vs.

Ranil Perera “Vajira Builders”, No. 2, Vajira Road, Colombo 04.

and “Seek Saloon”, No. 256B, Galle Road, Mount Lavinia.

Defendant-Respondent-Respondent Before: Hon. Justice S. Thurairaja, P.C.

Hon. Justice Janak De Silva Hon. Justice Mahinda Samayawardhena Counsel: Faisz Mustapha, P.C. with Hemasiri Withanachchi and Thushani Machado for the Appellant.

Navin Marapana, P.C. with Saumya Hettiarachchi and Uchitha Wickremasinghe for the Respondent.

Argued on: 31.07.2024 Written Submissions:

By the Appellant on 19.09.2024 By the Respondent on 24.09.2024 Decided on: 20.02.2025 Samayawardhena, J.

The 1st plaintiff became the owner of Lot 4 in Plan No. 7746 (V1) by a partition decree. He gifted it to his son, the 3rd plaintiff, subject to the life interest of himself and his wife, the 2nd plaintiff. Lot 4 is bounded on the east by the Galle Road, which is about 6 feet higher in elevation than the plaintiffs’ land. The weste