SOYSA
VS.
FERNANDO AND OTHERS

COURT OF APPEAL
WIMALACHANDRA, J
ERIC BASNAYAKE, J
CALA 65/2002/(LG)
DC MT LAVINIA 963/97/L
1ST SEPTEMBER, 2004.

Declaration of title - Ejectment of licensee - Defendant claiming tenancy- Title of plaintiff admitted -Amended answer- Denies title - Rejected by trial Court-Affirmed by Supreme Court- Proceeding before new Judge - Same admissions recorded­Defedand objected - New trial ordered - Validity? Civil Procedure Code - Section 72, Section 150 - Evidence Ordinance - Section 58 - No requirement to record what is already admitted in pleadings? -Admissons?

Held:

(1) As the defendant has admitted the plaintiff's title he cannot be allowed to deny the title at the trial.

(2) There is no requirement to record what is already admitted in the pleadings. This whole case can be decided on admissions. If the defendant admits the claim Court shall give judgment against the defendant according to the admissions so made.

(3) Once an admission is made he should stand by it. Admissions on questions of fact cannot be withdrawn.

APPEAL against an order of the District Court of Mt. Lavinia.

Cases referrd to:-

(1) Mariammai vs. Pethrupillai -