A.Wilbert Fernando vs Piyadasa Hettiarachchi – CA NO.554/98 F -2013

In the case between A. Wilbert Fernando and Dewapurage Seelat Fernando (Appellants/Defendants) and Piyadasa Hettiarachchi (Respondent/Plaintiff), the court considered whether the plaintiff was entitled to a declaration of title to two plots of land described in the First and Second Schedules of the plaint, and whether the defendants possessed a valid prescriptive claim to the Second Schedule land. It was held that the District Judge erred in granting the plaintiff title to the Second Schedule land due to insufficient evidence, while the plaintiff’s title to the First Schedule land was correctly affirmed based on a partition decree. This determination relied on the assessment of evidence and existing court decrees, reaffirming that title must be established by clear proof, and partition dec