WAHALKADA ARACHCHILAGE JAYARATHNE BANDA AND OTHERS VS RATNAYAKE MUDIYANSELAGE JAYASENA AND OTHERS - HON MAHINDA SAMAYAWARDHENA, J

• Jurisdiction: Sri Lanka
• Case Number: 2019SCOA695C1999Y
• Citation: 2019SCOA695C1999Y
• Date: 23 October 2019
• Court: Court of Appeal (Sri Lanka)
• Type of Document: Unreported judgment

1

Wahalkada Arachchilage Jayarathne Banda and Others

Vs

Ratnayake Mudiyanselage Jayasena and Others - Hon Mahinda Samayawardhena, J

CASE NO: CA/695/1999/F

DC KEGALLE CASE NO: 1239/L

2A. Wahalkada Arachchilage Jayarathne Banda,
Bulugammana, Aranayake.

And 4 Others

Substituted Plaintiff-Appellants
Vs.

1A. Ratnayake Mudiyanselage Jayasena,
Randiligama, Aranayake.

And 5 Others

Substituted Defendant-Respondents

Before : Mahinda Samayawardhena, J.

Counsel : Dr. Sunil Cooray for the Appellants. Respondents are absent and unrepresented.

Decided on : 23.10.2019

2

Mahinda Samayawardhena, J.

The two plaintiffs filed this action against the two defendants seeking declaration of title to the land described in the schedule to the plaint, ejectment of the defendants therefrom, and damages. The defendants, father and son respectively, filed a joint answer seeking dismissal of the action. After the trial, the learned District Judge dismissed the plaintiffs' action. Hence this appeal by the plaintiffs.

The plaintiffs claim was based on deeds marked at the trial. However, the District Judge has not convinced that the transferors of those deeds had title to transfer such rights based on inheritance.

Conversely, the claim of the defendants was based on prescriptive possession. The issues raised by the defendants at the trial were based on prescription. I cannot accept the argument of the learned counsel for the plaintiffs that "Since the 1st defendant not claimed the prescriptive title by his answer dated 01.10.1975 and the 2nd defendant not relied by the deed of transfer 25/08/1974, defendant's claim to prescriptive title failed." It is trite law that, once the issues are raised, pleadings recede to the background. By way of issues, both the defendants claimed prescriptive title to the land in...