CHANDRASENA

Vs.

BANDARA MENIKE

SUPREME COURT
JAYASURIYA, C.J.
SURASENA, J.
AMARASEKARA, J.
SC/APPEAL/20/2010
SC/HCCA/LA/321/09
HC ANURADHAPURA NCP/HCCA/ARP/07/2007
DC POLONNARUWA 2669/L
AUGUST 2, 2019

Ejectment of a trespasser by the permit holder-Land Development Ordinance, sections 2, 19(2), 42-47-Action for recovery of property on the right to possession on a permit-Rei vindicatio action-Cause of action-Civil Procedure Code, sections 5, 6, 35, 188, 217-lssuance and cancellation of a permit

The plaintiff filed this action in the District Court seeking a declaration of title to the land in suit, ejectment of the defendant therefrom and damages, based on a permit issued under the Land Development Ordinance. Although the defendant took up the position that the permit holder was another who had transferred her rights to the defendant, no such permit was produced in evidence. At the trial, neither party raised an issue on the title to the land. What was put in issue at the trial was who had a valid permit to possess and enjoy the land. The District Court held in favour of the plaintiff and on appeal the High Court affirmed it (whilst treating the pl