Don Peter Ranasinghe v. P.K. Nandasekera et al. – SC APPEAL 33/2010-2010

In the case between Don Peter Ranasinghe (Plaintiff) and P.K. Nandasekera (Defendant), the court addressed the issue of whether the defendant acquired prescriptive title through adverse possession under Section 3 of the Prescription Ordinance, when possession originated with leave and license, and the proper interpretation of Section 21 of the Civil Procedure Code regarding amendment of pleadings upon the addition of defendants. The findings established that the defendant’s long-term possession, originally as a tenant, could not constitute adverse possession in the absence of an overt act disavowing the plaintiff’s title. The principle reaffirmed that a claim of prescription requires clear evidence of overt and adverse possession. The decision relied on appraisal of documentary evidence, u