JAYASINGHE

Vs.

KODITHUWAKKUARACHCHI AND OTHERS

SUPREME COURT
DE ABREW, J.
FERNANDO, J.
SURASENA, J.
SC/APPEAL/09/2014
SC/HC/CALA/60/2010
CP/HCCA/867/2002
DC KANDY 19479/L
MAY 27, 2019

Civil Procedure Code, section 328-Relevance of title-Res judicata- Action for declaration of title

Initially, the respondent had filed a case in the District Court against R, who was his tenant. After trial, the District Court held in favour of the respondent. When the respondent executed the writ against R, the present appellant was also ejected from the subject matter property. The appellant successfully filed an application in the District Court under section 328 of the Civil Procedure Code seeking restoration. The Court of Appeal dismissed the respondent's appeal and stated inter alia that the Municipal Council of Kandy was the owner of the property.

The respondent thereafter filed an action against the appellant in the District Court seeking a declaration of title to the property. The District Court dismissed the action on a preliminary legal objection that the determination of the Court of Appeal that the property belonged to the Kandy Municipal Council operated as