Sissie Gunawardane vs. Rosmand Gunawardane and Others – sllr 2014 volume 1 page 047

In the case of Sissie Gunawardane vs. Rosmand Gunawardane and others, the court addressed whether a prescriptive claim in a partition action can be established without proof of an act of ouster by the claimant. It was held that a claimant, particularly one succeeding by inheritance and claiming by prescription, must demonstrate both long-term adverse possession and an overt act excluding the rights of other co-owners. The principle reaffirmed requires that recognition of co-owners’ rights precludes a successful prescriptive claim. Reliance was placed on established precedents such as Corea vs. Appuhamy and similar authorities, with the takeaway emphasized that mere long-term possession without demonstrable ouster is insufficient to defeat co-ownership rights.

Chitrasiri J. — The findings