Mohamadu Abu Sali vs Ummu Kaldun – SC APPEAL 225/2014-2024

The case between Mohamadu Abu Sali and defendants Ummu Kaldun and M.I.M. Falulla addressed the issues of valid grounds for ejectment and the application of section 116 of the Evidence Ordinance, together with the defense of prescription. It was determined that possession transferred under a valid lease precludes any challenge to the lessor’s title and that subordinate possession does not transform into ownership. It was determined that the defense of prescription must be pleaded at trial and cannot be raised for the first time on appeal, thereby restoring the District Court’s judgment and ordering costs against the defendants.

Mahinda Samayawardhena, J. — It was determined that under section 116 of the Evidence Ordinance the lessee is precluded from disputing the lessor’s title when po