Don Lincoln Lionel Wijesinghe vs Hettitantrige Dona Pathmawathie Mallika Abeygunawardena – CA APPEAL NO.1175/99-2011

The case between Don Lincoln Lionel Wijesinghe (plaintiff) and Hettitantrige Dona Pathmawathie Mallika Abeygunawardena, Hettitantrige Dona Sumanawathie Dharmatilleke, Hettitantrige Dona Suwineetha Mayurawathie Kapugeekiyana, among others (defendants), concerned the issue of whether the 22nd defendant-appellant acquired valid prescriptive title to Lot H, which was the subject land in a partition action. It was held that the possession of the 22nd defendant and his predecessor was by leave and license, and not adverse to the interests of the true owners. The legal principle reaffirmed is that possession initially granted by permission or license cannot transform into adverse possession without clear evidence of ouster or acts inconsistent with the true owner’s rights. The judgment relied upo