HETTIARACHCHI
VS.
MARY MATHA

COURT OF APPEAL
TISSA BANDARANAYAKE,J.
WIJETUNGA, J
CA 1329/82
WITH CALA 141/82
OCTOBER 13, 1986

Rei Vindicatio action - Writ of Execution served on defendant - Land acquired by State - Is the title of the plaintiff to the land extinguished by title paramount - Can the plaintiff be placed possession?- What is pendente lite?- Civil Procedure Code-Section 224, Section 225, Section 323.

The plaintiff in the rei vindication action filed in the District Court succeeded in the Supreme court - The widow of the plaintiff on 14.01.1980 applied for a writ

of execution. On 06.03.1980 the defendant - petitioner filed objections to the writ. A few days later the land was acquired by State by Gazette dated 20.03.1980. The property was formally taken over by the Urban Development Authority (UDA). The defendant - petitioner who was enjoying the property than applied to the UDA and obtained permission to cultivate it. Permission was granted on 24.02.1981.

Thereafter the defendant-petitioner filed further objections and informed Court, that the land has been acquired by the State and that consequently the plaintiff has lost title - that