Angela Fernando v. Devadeepthi Fernando And Others – sllr 2006 volume 2 page 188

Brief
In the case between Angela Fernando (Plaintiff) and Devadeepthi Fernando and others (Defendants), the court addressed whether a comprehensive investigation of title is mandatory in partition actions where there is evidence of separate and divided possession, and if long-continued, divided possession by co-owners can vest a prescriptive right leading to ouster. The case involved review of a District Court decision dismissing a partition suit due to longstanding divided possession, and a subsequent reversal by the Court of Appeal based on an asserted incomplete title investigation and lack of proof of ouster. Upon appeal, the Supreme Court analyzed the propriety of requiring strict proof of ouster and the presumption of adverse possession among co-owners after lengthy exclusive possess