Naomi Leela Elizabeth Perera vs J.W.C. Hemamali Botheju Vithanage – SC APPEAL 87/2017-2017

In the case between Naomi Leela Elizabeth Perera (Plaintiff-Appellant/Respondent) and J.W.C. Hemamali Botheju Vithanage (Defendant-Appellant/Respondent), the court addressed the issue of entitlement to property following a partition, specifically considering whether the defendant’s claim of prescription was valid against the plaintiff’s title established under a Final Partition Decree. It was held that the plaintiff had successfully established title to the property through the decree, and the defendant’s prescription claim, relying on unproven possession through her mother, was insufficient. The principle reaffirmed is that, in a rei vindicatio action, the plaintiff must first prove clear title, upon which the burden shifts to the defendant to establish lawful possession under prescriptio