W. Arthur Deepal Peiris vs Ranil Perera – SC/APPEAL/37/2014-2025

In the case between W. Arthur Deepal Peiris, W. Sunethra Peiris, and W. Ashoka Ajith Peiris (plaintiffs) and Ranil Perera (“Vajira Builders”) and Seek Saloon (defendants), the court addressed the issue of whether the plaintiffs were entitled to a servitude right by prescription or otherwise over the defendant’s land for the natural discharge of rainwater and, incidentally, sewage waste from Lot 4. The court held that the plaintiffs had established their entitlement to the asserted servitude, both by prescription and under natural law principles, and awarded costs to the plaintiffs. This decision reaffirmed the principle that natural servitude may arise by prescription and is not necessarily extinguished by a final partition decree, particularly where continued use is demonstrated. Referenc