PRASANTH AND ANOTHER

Vs.

DEVARAJAN AND ANOTHER

SUPREME COURT
ALUWIHARE, J.
WENGAPPULI, J.
SAMAYAWARDHENA, J.
SC/APPEAL/163/2019
SC/HCCA/LA/327/2019
WP/HCCA/COL/131/2015 (F)
DC COLOMBO DLM/00041/2013
FEBRUARY 17, 2021

Vindicatory action-Burden of proof-Adversarial and inquisitorial systems-"Subject to proof" objection-Permissive possession- Adverse possession-Prescription

The plaintiffs filed action in the District Court seeking a declaration of title to the property in suit and ejectment of the defendants therefrom. The defendants sought the dismissal of the plaintiffs' action and claimed prescriptive title to the property. The District Court held with the plaintiffs and on appeal the High Court held with the defendants. The plaintiffs appealed to the Supreme Court.

Held:

1. In a vindicatory action, the initial burden is on the plaintiff to prove title to the property. However, once the paper title to the property is accepted by the defendant or proved by the plaintiff, the burden shifts to the defendant to prove on what right he is in possession of the property.

2. The right to possession and the right to recover possession are essent