WASANTHA

Vs.

PREMAWATHIE AND OTHERS

SUPREME COURT
SURASENA, J.
KODAGODA, J.
SAMAYAWARDHENA J.
SC/APPEAL/176/2014
SC/HC/CALA/24/2013
WP/HCCA/AV/242/2008/F
DC HOMAGAMA 2673/L
FEBRUARY 2, 2021

Rei vindicatio action-Standard of proof-Meaning of strict proof of title-Proof of superior title or sufficient title adequate-Difference between declaration of title action and rei vindicatio action

The plaintiff became the owner of the land in suit by deed No. 7236 which was marked in evidence at the trial. He stated in the plaint that by deed No. 36988 he alienated the land to a third person on a conditional transfer, and that third person in turn retransferred the land to him by deed No. 38247. He filed action in the District Court seeking a declaration

of title to the land, ejectment of the defendant therefrom and damages. The defendant did not dispute the paper title of the plaintiff to the land but made a claim in reconvention that he (the defendant) had acquired the land by prescription. After trial the District Court entered judgment for the plaintiff and the High Court affirmed it. On appeal to the Supreme Court, the only argument advanced on behalf of