Primary Court Procedure, Sec. 69 (1) – how to prove a right under the section?

It was held in Ananda Sarath Paranagama vs D. Sarath Paranagama and Others by Justice A.W.A. Salam, that it is left to a party claiming a right of way to establish his right for purpose of obtaining a declaration under Section 69 aforementioned in two ways. Firstly, he may resort to the ordinary way of proof as is done in a right of the case in a civil court. In the absence of such proof, he may also prove have the satisfaction of court that the right of way in question had been enjoyed or used by him for the time being when the obstruction was placed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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