Kumudu Chanda Amaradasa vs Minatul Fakariya Kalid and others – SC APPEAL 56/2023-2025

In the matter of Kumudu Chanda Amaradasa vs Minatul Fakariya Kalid and others, the court addressed the issue of prescriptive title to property. The court held that the Plaintiffs-Respondents successfully established prescriptive title through ten years of uninterrupted and undisturbed adverse possession, reaffirming the principle that the burden of proof rests on the claimant. This decision relied on evidence of consistent assertion of possession and objections to disturbances, emphasizing that inconclusive or unsubstantiated claims of possession by the opposing party are insufficient to defeat a valid prescriptive claim.

Mahinda Samayawardhena, J. – It was determined that the conditional transfer deed (No.10159) did not indicate an intention to transfer possession or title to the Defen