Arunodhini Wirasinghe vs Liyanage Siriyalatha Perera – SC APPEAL NO 39/2024-2025

In the case between Liyanage Siriyalatha Perera and Wasantha Oswald Weerasinghe (Plaintiffs/Appellants-Respondents) and Arunodhini Wirasinghe (Defendant/Respondent-Appellant), the primary legal issue concerned the determination of property title based on deed of gift versus acquisition of title by prescription. The court held that the respondents failed to establish prescriptive title due to the interruption of their possession arising from prior judicial proceedings and lack of privity necessary for res judicata to apply. The principle reaffirmed was that possession sufficient for prescription cannot be established when possession is interrupted by litigation, and that parties claiming under the same title must demonstrate proper privity for res judicata to operate. The decision relied on

REF: SC APPEAL NO 39/2024-2025 Category: Tag:
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