Livinis Silva and Another v. William Fernando and Another – sllr 1993 volume 1 page 097

In the case between Livinis Silva and another (plaintiffs) and William Fernando and another (defendants), the court addressed whether the adverse and exclusive possession exercised by Thegis Fernando, succeeded by the plaintiffs, established title by prescription against other co-owners. The dispute centered on the sufficiency of partition action evidence, including Plans P6, P7, and related deeds, to prove ouster and exclusive possession requisite for prescription. The court held that the evidence substantiated exclusive, uninterrupted possession by Thegis Fernando and his successors from 1948 until 1977, and that such possession, when asserted against co-owners, affords a presumption of ouster. The appeal was dismissed with costs, reaffirming the principle that sustained adverse possessi