Re vindicatio - burden on the plaintiff to prove the title ------------- It was held in R.M. Dharmadasa v. R.M.K. Suddahamy and Others (C.A. Case No.20/2000 F decided on 08.01.2018) that mere Crown Grant will not confer title without clear proof of devolution of title flowing from it. In this case, the Plaintiff has failed to establish his title to the said lands, though he has mentioned the Crown Grants issued to his predecessors. Re Vindication - identity of the corpus - burden of proof -------------------- "Identifying a land by its boundaries has been the practice for a long period of time and I am of the view that it can still be considered as a valid method in identifying lands." Pattiyage Samie and Others v. Pathira Kankanamge Dharshana Shantha and Others [C. A. 1236/2000(F) decided on 09.08.2019] Rei vindicatio action & an action against a tenant holding over – Burden of proof – Balance of Probability - false statement and/or suppresses materi...
Comments
Post a Comment