Ramakrishnan Dharmalingam v. Ramakrishnan Sivalingam – SC APPEAL NO. 125/2018-2020

In the case between Ramakrishnan Dharmalingam (Plaintiff-Appellant-Respondent) and Ramakrishnan Sivalingam (Defendant-Respondent-Petitioner-Appellant), the court addressed whether the High Court of Civil Appeal correctly identified the cause of action and properly applied principles of prescription in determining the plaintiff’s entitlement to a half share of property at No. 23, Sedawatte, Wellanpitiya. The holding established that the cause of action was properly identified, and the requirements for prescriptive title under Section 41 of the Civil Procedure Code were satisfied, thus entitling the plaintiff to the claimed property share. The judgment reaffirmed the principle that parties may establish prescriptive rights provided statutory and procedural criteria are met, and that prescrip