IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal in terms of section 5 C of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990 as amended by Act No. 54 of 2006.

SC Appeal No. 49/2013 Olaboduwage Indralal Ranatunga, SC (HCCA) Leave to Appeal Application No.

90, 559/2012 Ranala.

HCCA (Avissawella) Case No:

PLAINTIFF WP/HCCA/AV/516/2008(F)

DC Homagama Case No. 1772/L -Vs-

Attanayakage Kanthi Violet Perera, Alpitiya Mawatha, Betawela, Ranala.

DEFENDANT AND THEN BETWEEN Attanayakage Kanthi Violet Perera, Alpitiya Mawatha, Betawela, Ranala.

DEFENDANT-APPELLANT -Vs-

1. Olaboduwage Indralal Ranatunga, (Deceased)

90, Ranala.

PLAINTIFF-RESPONDENT AND NOW BETWEEN

1. Benthara Mapalagama Acharige Shahikala Lakmini Kumari.

2. Benthara Mapalagama Acharige Pawani Perera. (Minor)

3. Benthara Mapalagama Acharige Nethranjali Perera. (Minor)

2/16, 2^nd Lane, Batewela, Ranala.

SUBSTITUTED PLAINTIFF- RESPONDENT-APPELLANTS -Vs-

1. Attanayakage Kanthi Violet Perera, Alpitiya Mawatha, Betawela, Ranala.

DEFENDANT-APPELLANT-

RESPONDENT Before : P. Padman Surasena J Yasantha Kodagoda, PC, J A.L. Shiran Gooneratne J Counsel : Mr. Thishya Weragoda with Iresh Seneviratne and Prathap Welikumbura instructed by Ms. Niluka Dissanayake for the Substituted Plaintiff-Respondent-Appellants.

Mr. Nilshantha Sirimanne for the Defendant-Appellant-Respondent Argued on : 19-07-2023 Decided on : 12-06-2024 P. Padman Surasena J.

The original Plaintiff in this case Olaboduwage Indralal Ranatunga filed Plaint against the Defendant Attanayakege Kanthi Violet Perera praying inter alia for the following reliefs:

(i) A declaration that the Plaintiff is the owner of the property more fully described in the 2^nd schedule to the Plaint;

(ii) An order for ejectment of the Defendant from the premises;

(iii) An order for damages payable for the alleged illegal occupation of the said premises by the Defendant;

(iv) An enjoining order in the first place and thereafter an interim injunction, to prevent the Defendant from making any development to the land which is more fully depicted in the second schedule to the Plaint which is the subject matter of the Plaintiff’s action.

The Plaintiff’s case is that the larger land called ‘Aliyagedara Watta’ more fully described in the first schedule to the Plaint in extent of ten acres and two roods, was owned by one Olivia Surangani Ranasinghe alias Surangani Wijewardena. The said owner Olivia Surangani Ranasinghe had caused the said larger land (Aliyagedara Watta) subdivided into 97 lots, prepared the Plan No. 6100 dated 10-08-1989 and then sold the said plots of land in a public auction. The Plan No. 6100 has been produced with the Plaint marked P1 The Plaintiff has averred in the Plaint that said Olivia Surangani Ranasinghe executed the Power of Attorney No. 1585 dated 6^th February 1992, appointing her husband (Olivia Surangani Ranasinghe’s husband) Dr. Vijitha Ananda Ranasinghe as the Power of Attorney holder as said Olivia Surangani Ranasinghe went to a foreign country. The Plaintiff has produced the said Power of Attorney with the Plaint marked P2 The Plaintiff claimed that he had purchased the Lot No. 71 depicted in the said Plan No. 6100 on the Deed of Transfer No. 1141 attested on 24-04-1992 by Punchi Bandara Heenkenda Notary Public. This deed (Deed of Transfer No. 1141) has been produced marked P3 The Plaintiff has also averred in the Plaint that the Defendant on or about 22-05-1992, had forcibly entered into his land (Lot No. 71) and constructed a Cadjan hut and then started occupying his land. The Plaintiff states that he had lodged a complaint on 23-05-1992 at Nawagamuwa Police Station. The Plaintiff had produced a copy of the said complaint marked P4. It is on the above footing that the Plaintiff in his Plaint had prayed for the afore-said reliefs.

The Defendant in her answer had admitted that the larger land was owned by said Olivia Surangani Ranasinghe nee Wijewardena. However, it is the posi