Jayantha Jayasuriya, PC, CJ

The Plaintiff-Appellant-Respondent (hereinafter called the Plaintiff) sued the Defendant-Respondent-Appellant (hereinafter called the Defendent) in the District Court of Colombo for declaration of title to the premises, which is the subject matter of the action and for the ejectment of the Defendent from the said premises. The property in question as described in the schedule is a land of one perch and thirty eight decimal in extent situated at 4^th Cross Street of Pettah and the building bearing assessment number 15 situated thereon. The Defendent resisted the action and preferred a claim in reconvention.

Both parties admitted that the Plaintiff’s father who was the owner of the premises in question rented out the said premises to the father of the Defendent, E Subramaniyam in 1954. Thereafter the Defendent came in to occupy the said premises, after the demise of his father.

The Plaintiff claimed, that his father died intestate in 1985, leaving his mother and three siblings along with him, as heirs. Thereafter in 1988, three siblings and the mother alienated their undivided rights from and out of the property in question to him and, the plaintiff became the