JAYALATH VS. KARUNATILAKA

COURT OF APPEAL
H.N.J. PERERA, J.
CA 331/96 [F]
DC KURUNEGALA 3792/L
FEBRUARY 20, 2013
MAY 14, 2013
JULY 25, 2013

Rei vindicatio action - Permit holder - Could a permit holder bring a vindicatory action to eject a trespasser? Issues - Admissions - Party cannot resile from admission of fact? - Subject matter admitted - Identification necessary? - Failure to object to documents?

The plaintiff-respondent filed action seeking declaration of title and ejectment of the defendant the plaintiff being a permit holder. The defendant -appellant contended that, he was in possession for a long period of time and claimed the land on long possession and sought the dismissal of the action. The trial Judge granted the reliefs prayed for by the plaintiff.

On appeal,

Held:

(1) The failure to object to the permit [P1] being received in evidence would amount to a waiver of the objection - defendant deems to have waived any objection to the permit.

(2) The holder of a valid permit is entitled to bring a vindicatory action to eject a trespasser.

(3) The purpose - to raise issues and record admissions in terms of the Civil Pr