Samarasinghe Dassanayakege Babun Nona vs Kalyanawathi Wickramasinghe and Kanduboda Arachchige Rajeewa Kumara Perera – SC APPEAL 197/2012-2018

In the case between Samarasinghe Dassanayakege Babun Nona alias Dassanayakege Babun Nona Samarasinghe (Plaintiff-Appellant) and Kalyanawathi Wickramasinghe and Kanduboda Arachchige Rajeewa Kumara Perera (Defendant-Respondents), the court addressed the issue of whether the Plaintiff-Appellant had acquired prescriptive title to the property through adverse possession under the Prescription Ordinance. It was held that the Plaintiff-Appellant failed to prove adverse possession required for the acquisition of prescriptive title, reaffirming the principle that possession exercised through a marital relationship on the title of the property owner does not qualify as adverse possession necessary for a declaration of ownership. The decision relied on judicial precedents including De Silva Vs Gunati

REF: SC APPEAL 197/2012-2018 Category: Tag:
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