Prathapage Nonachchi vs Marappulige Somapala – CA 175/1997 F -2011

In the case between Prathapage Nonachchi (Plaintiff) and Marappulige Somapala, Prathapage Babundiris, and their legal representatives (Defendants), the court addressed the issue of partitioning the land known as ‘Maragahawatte’, specifically lot ‘A’, and the claim of prescriptive title by the 2A Defendant-Appellant. It was determined that the 2A Defendant-Appellant did not acquire prescriptive title to the entirety of the land. The District Court’s decision to allocate undivided half-shares to the Plaintiff and the 1st Defendant was affirmed. The findings established that to claim adverse possession over co-owned property, especially among family members, clear and overt acts of exclusive, hostile possession must be demonstrated, which were not substantiated in this case. The decision reli