Athapaththu Mudiyanselage Loku Menika vs Premawathie – CA 1265/96 F-2012

In the dispute between Athapaththu Mudiyanselage Loku Menika (Plaintiff-Appellant) and Premawathie (Defendant-Respondent), the court examined entitlement to ownership of specific land. It was held that the District Judge had erred in dismissing the plaintiff’s action and granting relief not only to the defendant but also to a nonparty based on prescription. The underlying legal principle reaffirmed that title may not be awarded to a person who is not a party to the suit, relying on established authorities including Dharmadasa vs Alles. The appellate judgment highlighted the absence of sufficient and consistent evidence supporting the defendant’s claim to prescription, with particular reference to lack of proof regarding the commencement of prescriptive possession. The appeal resulted in th