Wickremasinghe Mudiyanselage Gunathilaka vs Mannapperuma Mudiyanselage Shantha Pushpakumara – CA NO.151/98 F -2013

In the matter between Wickremasinghe Mudiyanselage Gunathilaka (Athuruwala, Dambadeniya) and others (7A and 8th Defendant-Appellants), and Mannapperuma Mudiyanselage Shantha Pushpakumara (Substituted Plaintiff-Respondent), the court examined the propriety of a partition, focusing on (1) whether the plaintiff established a chain of title from Punchirala and (2) whether the defendants acquired ownership by prescription under Section 3 of the Prescription Ordinance. The court held that the plaintiff’s title was satisfactorily established, and the defendants failed to prove prescriptive acquisition, emphasizing the necessity of clear “ouster” evidence when prescription is claimed among co-owners. Reliance was placed upon the analysis of documentary and oral evidence, affirming that mere posses