Nihal Ranjith Weerawarna v. Herbert Walter Techope – SC APPEAL NO.94/2013-2017

In the case between Herbert Walter Techope (Plaintiff-Respondent) and Nihal Ranjith Weerawarna (Defendant-Appellant), the Supreme Court addressed whether the cause of action arising from a lease agreement was prescribed within one year, pursuant to Section 4 of the Prescription Ordinance. The appeal was predicated on whether the lease agreement (P1) supported a possessory action and if the claim was time-barred, considering the appellant’s contention regarding limitation and the validity of the lease. The findings established that the cause of action was not prescribed, since the principal plea under Section 4 was not properly raised at trial, and the evidentiary record substantiated the respondent’s entitlement based on significant expenditure and occupation under the lease. The appeal wa