HEMALAL

Vs.

WELLANE CHANDRASIRI THERO

COURT OF APPEAL
J. DE SILVA, J.
FERNANDO, J.
CA 1192/98(F)
DC GALLE 10707/L
MARCH 27, 2019

Rei vindicatio action-Evidence Ordinance, section 116-Buddhist Temporalities Ordinance, section 34-Prescription Ordinance, section 3-Civil Procedure Code, section 773-Prospective effect of a judgment-Locus standi-Estoppel

The plaintiff, as controlling Viharadhipathy of the temple, Instituted this action in the District Court seeking inter alia a declaration of title to the land in suit. The defendant claimed prescriptive title to the land. After trial, the District Court entered judgment for the plaintiff and the defendant appealed to the Court of Appeal.

Before the Court of Appeal, the defendant made an application under section 773 of the Civil Procedure Code to lead fresh evidence to say the plaintiff had no locus standi to institute the action, as it had been held in subsequent litigation that the plaintiff was not the lawful Viharadhipathi of the temple.

Held:

1. The defendant and her husband had entered into possession of the land as lessees under the then Viharadhipathi of the temple. In terms of section 116 of t