PREMADASA

VS

RATHTHARANHAMY

COURT OF APPEAL
GAFFOR, J
JANAK DE SILVA, J
CA 597/97(F)
DC EMBILIPITIYA NO. 3555/L
MAY 18, 21, 2012
AUGUST 25,30,2017

State Lands Ordinance - Permit - Can a holder of a permit under the Land Development Ordinance maintain a Rei Vindicatio Action which is an action in Rem - Can a declaration that he is the owner be granted? Prescription Ordinance Section 53 - Possessory Action.

The Plaintiff claimed the land on a permit granted to him Under the State Lands Ordinance. He sought a declaration of title adverting ownership and contended that the Defendant is in unlawful occupation of a part of it. The Plaintiff based his claim to be restored to possession on the ownership of the land. The Defendant denied title of the Plaintiff and claimed the land on a permit - given by the State which antedated the permit of the Plaintiff.

The Trial Judge held that the permit to the Defendant is not a valid permit - as it has not been extended after 31.12.1983 - and after holding that, a declaration of title cannot be obtained to a land received from the State on an annual permit - but as the permit is of a permanent nature, granted the declar