IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Leave to Appeal against the Judgement of the Provincial High Court of the Central Province holden in Kandy dated 22.07.2016. in case No.

CP/HCCA/KA/N/02/2015.

Colombo Buddhist Theosophical Society, No. 203, Olcott Mawatha, Colombo 11.

Plaintiff SC Appeal No. 92/2018 HCCA Case No. CP/HCCA/Kandy/02/15(RA)

DC Gampola Case No. 51/2006 Land -Vs-

Meringahage Mangala Pushpakumara Fernando, No. 113, Kandy Road, Gampola. Defendant AND THEN BETWEEN Meringahage Mangala Pushpakumara Fernando, No. 113, Kandy Road, Gampola.

Defendant-Petitioner -Vs-

Colombo Buddhist Theosophical Society, No. 203, Olcott Mawatha, Colombo 11.

Plaintiff-Respondent AND NOW BETWEEN Meringahage Mangala Pushpakumara Fernando, No. 113, Kandy Road, Gampola.

Defendant-Petitioner-Appellant -Vs-

Colombo Buddhist Theosophical Society, No. 203, Olcott Mawatha, Colombo 11.

Plaintiff-Respondent-Respondent BEFORE: Buwaneka Aluwihare, P.C, J.

Kumudini Wickremasinghe, J.

Janak De Silva, J.

COUNSEL: Petitioner appeared in person.

Dr. Sunil Abeyratne with Sheron Wanigasooriya for Respondent instructed by Ms. Buddhika Alagiyawanna.

ARGUED ON: 23.02.2023 WRITTEN SUBMISSIONS: On 24.01.2019 for the Plaintiff-Respondent-Respondent.

On 20.07.2018 & 24.04.2023 by the Defendant-

Petitioner-Appellant DECIDED ON: 14.11.2023 Judgement Aluwihare, P.C., J, This is an appeal against the Judgement of the Civil Appellate High Court of the Kandy dated 22.07.2022. The Defendant-Petitioner-Appellant (hereinafter referred to as the ‘Defendant’) failed to file an Answer before the District Court of Gampola in an action filed against him for declaration of title by the Plaintiff-Respondent-Respondent (hereinafter referred to as the ‘Plaintiff’). An exposition of the factual narrative relating to this case is necessary to comprehend the questions of law upon which leave to appeal was granted.

Factual Background The Plaintiff instituted a land case in the District Court bearing case No. L51/2006 against the Defendant for declaration of title. The subject matter is the property originally owned by ‘Parama Vingartha Buddhist Society’ [Buddhist Theosophical Society] started by Col. Henry Olcott. The building was used to run the Olcott Buddhist School in Gampola which was vested by the government in 1961. In the year 2005, however, after the school was shifted to a new building, the property was re-vested with the Society by virtue of a Gazette notice and the President of the Society had taken over possession of the building in 2006. Subsequently a dispute had arisen between the Society officials and the Defendant which had been settled with the intervention of the Police. Both parties had agreed to keep the premises under lock and key. Subsequently, however, the Plaintiff alleges that the Defendant had forcibly entered into the premises and had taken over possession of the building. The Action before the District Court was filed by the Society to recover possession of the property in addition to a declaration of title.

Summons were served and the case was fixed for filing of an Answer of the Defendant for 23.04.2007. On the said date, the Defendant failed to appear, no Proxy or Answer was filed either. The learned District Judge therefore fixed the case for ex- parte hearing on the same day and the Plaintiff was heard. At the conclusion of the ex- parte trial, on 15.05.2007 the learned District Judge delivered the ex parte judgement (marked ‘A4’) in favour of the Plaintiff. It must be noted that the Defendant had made no appearance in, or representation on his behalf before the District Court.

Thereafter, subsequent to being served notice of the ex parte judgement, the Defendant had filed papers to purge the ex parte judgement, and an inquiry was held on the same. The learned District Judge who conducted the inquiry affirmed the ex parte judgement referred to above by his Order dated 13.01.2015.

Aggrieved by the said Or