Jayasinghe Pathman vs. Korale Kandanamge Somapala – SC APPEAL 06/2014-2021

The case between Jayasinghe Pathman and Korale Kandanamge Somapala involved a dispute over the presumption of possession by virtue of a proven paper title versus the claim of adverse possession based on long uninterrupted familial residence. The factual record shows that the District Court ruled in favor of Jayasinghe Pathman on the basis of the paper title. The High Court reversed this decision by accepting the claim of adverse possession presented by Korale Kandanamge Somapala. On appeal, it was determined that permissive family occupation does not satisfy the legal requirement of hostile intent for adverse possession. The appellate analysis, relying on relevant precedents and statutory principles, reinstated the District Court’s judgment and awarded costs in favor of the plaintiff.