Dadimuni Novarishamy Silva vs Dadimuni Gilot Silva – CASE NO. 803/96 F -2012

In the case between Dadimuni Novarishamy Silva (Plaintiff-Appellant) and Dadimuni Gilot Silva (Defendant-Respondent), the court addressed the issue of entitlement to and acquisition of title by prescription to lots 7A and 15A in Katukurunda, Kalutara. It was held that the defendant-respondent had acquired prescriptive title to the disputed lots, reaffirming the legal principle that long-term, uninterrupted possession can give rise to ownership under Section 3 of the Prescription Ordinance. The decision relied on trial court findings and the precedent of Fradd v. Brown & Co., emphasizing the appellate court’s deference to the trial judge’s assessment of evidence and witness credibility.

A.W.A. Salam J. — Upon review of the case facts and evidence, including the nature of the parties’ resp