K. Dayananda Perera vs Waduge Sumanasiri Fernando – SC APPEAL NO. 101/2018-2021

In the case between Waduge Sumanasiri Fernando (Plaintiff–Respondent) and K. Dayananda Perera (Defendant–Appellant), the court addressed the issue of whether the defendant had acquired prescriptive rights over a 10-foot wide roadway on the plaintiff’s property, as well as the sufficiency of the plaintiff’s title and rights for purposes of a rei vindicatio action. It was held that the defendant failed to establish the requirements for prescription on the evidence led, and the plaintiff’s title and soil rights over the disputed land were adequately proven. The principle reaffirmed emphasized that prescriptive rights must be substantiated by clear and convincing evidence of long-term, adverse, and exclusive use, and vague or inconsistent testimony will not suffice. The decision relied on the