Lakdasa Senarath Perera vs W.A. Somawathie – CA 333/1997-2012

In the case between Lakdasa Senarath Perera (Plaintiff) and W.A. Somawathie, S.A. Methyas Singho (deceased), S. A Sumitra Nalini, S.A. Chandralatha Kusum, S.A. Premila Kanthi, S.A. Jagath Saliya, S.A. Kamal Chintaka, B.G. Abeysinghe Weerakoon (Defendants), the issue concerned a declaration of title to immovable property, eviction, and a claim for prescriptive rights under Section 3 of the Prescription Ordinance. It was held that the Defendants did not acquire title by prescription. The principle reaffirmed was that mere residence or minor plantation does not establish adverse possession; explicit ouster and clear evidence of adverse possession are required. Reliance was placed on oral and documentary evidence as well as admissions by the Defendants, highlighting the necessity of strict pro