Ambuldeniyage Don Edwin and others vs Ranasinghe Arachchige Sarath Perera – SC/Appeal No. 101/2013-2025

In the matter of Ranasinghe Arachchige Sarath Perera (Defendant-Appellant-Appellant) and Ambuldeniyage Don Edwin (Plaintiff-Respondent-Respondent), the court addressed the issue of prescriptive title to land. The court held that the Defendant-Appellant-Appellant had successfully established prescriptive title through the possession of a predecessor, overturning lower court decisions. This decision reaffirmed the principle that a defendant can claim prescriptive title through the possession of a predecessor under Section 3 of the Prescription Ordinance. This decision relied on Section 3 of the Prescription Ordinance, emphasizing that oral evidence and documentary proof of possession, acting as owner, and payment of taxes without interruption can establish prescriptive rights.

K. Priyanth