P. Lilina de Silva vs Rev. Batuwanhene Sri Buddharakhitha Nayaka Thero – NO. 664/1998-2012

In P. Lilina de Silva v. Rev. Batuwanhene Sri Buddharakhitha Nayaka Thero and others, the appeal addressed the determination and identification of the land to be partitioned, the allocation of ownership shares among alleged co-owners, and whether prescription by ouster had deprived other co-owners of their rights. The proceeding focused on whether the District Judge had erred in applying the legal principles surrounding ouster and adverse possession. It was held that the District Judge misapplied the law and reached inconsistent conclusions by simultaneously accepting co-ownership while recognizing ouster without adequate proof. The appellate court set aside the judgment and interlocutory decree, ordering a retrial, thus reaffirming that ouster must be clearly established and adverse posse