Lindamilage Telex Alfred De Silva vs Uromi Shiranthi Fernando – SC/APPEAL/69/2019-2025

In the case between Uromi Shiranthi Fernando and others (Substituted Plaintiff‑Respondent‑Respondents) and Lindamilage Telex Alfred De Silva and others (Substituted 5th Defendant‑Appellant‑Petitioner), the court addressed the issue of entitlement to prescriptive title versus undivided rights in the context of a partition action. It was determined that a party’s long possession alone does not meet the legal threshold for adverse possession under the Prescription Ordinance without clear, overt acts evidencing exclusivity and the commencement of adverse possession. The findings established that shifting positions from undivided rights to prescriptive title require rigorous evidentiary support, which was not provided in this instance. The decision reaffirmed the principle that mere duration of

REF: SC/APPEAL/69/2019-2025 Category: Tag:
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