Munasinghe Arachchige Theja Renuka vs. W.K. Jagath alias Mangala – SC APPEAL 53/2019-2024

In the case between Munasinghe Arachchige Theja Renuka and Thanthirige Dona Mallika Swarnalatha (Plaintiff-Appellants) and W.K. Jagath alias Mangala (Defendant-Appellant-Respondent), the core issues addressed were whether the Defendant acquired prescriptive title to Lot 17 of Plan No. 1273 by either legal title or through undisturbed and uninterrupted adverse possession, and whether the Plaintiffs’ servitude rights over common lavatory and bathing facilities on Lot 17 were established and protected. The holding determined that the Defendant’s evidence was insufficient to establish prescriptive title due to the lack of clarity regarding the commencement of possession and the specific area claimed, thus the Plaintiffs’ right to common use of the facilities was upheld. The judgment reaffirmed