Vellage Sumanasiri De Silva vs M. Gamage Indranee Paranagama – CA 1264/1998-2013

In the case between M. Gamage Indranee Paranagama (Plaintiff) and Vellage Sumanasiri De Silva (Defendant), the court addressed the issue of entitlement and usage rights concerning Lot 3, specifically whether the Plaintiff held exclusive title or if the Defendant could claim a right of access, either as a common user or by way of necessity. It was held that the Plaintiff is exclusively entitled to Lot 3 based on deed P2 and that the Defendant had neither established a right of common access nor satisfied the requirements for a way of necessity. The principle reaffirmed was that a right of way of necessity cannot be claimed when the necessity has been created by one’s own acts, and the burden is on the claimant to prove such necessity. The judgment relied on established legal doctrines relat