Dewatage Chandrawathie vs Venerable Banagala Upatissa Nayaka Thero – SC APPEAL 09/2017-2025

The case between Dewatage Chandrawathie and Venerable Banagala Upatissa Nayaka Thero addressed the issue of entitlement to land, involving competing claims based on paper title and prescriptive (adverse) possession. It was held that, once paper title is established, the burden shifts to the party asserting adverse possession to prove exclusive, uninterrupted possession for the statutory period under the Prescription Ordinance. The Civil Appellate High Court’s reversal of the trial court, which had awarded title on prescription to the defendant, was affirmed by the Supreme Court. The court emphasized that ambiguous and insufficient evidence on the defendant’s possession cannot support a claim of adverse possession. Reliance was placed on the proper application of burden of proof and statuto