Punyawathie Gunaweera vs Gertrude Silva – CA 923/97-2011

In the case between Punyawathie Gunaweera (Plaintiff-Appellant) and Gertrude Silva, Daniel Wijeratne, and others (Defendant-Respondents), the court addressed the issue of rightful title and prescriptive ownership concerning the land known as Dikkumburagewatta alias Thalgahawatte. It was held that the plaintiff and the 1st and 2nd defendants had established title to the property, and prescription in favour of the 3rd and 4th contesting defendants had not been proven. The principle affirmed was that prescriptive title cannot be established by a party originally entering with leave or license unless clear and adverse possession is demonstrated. Reliance was placed on established legal precedent regarding prescription and adverse possession, and correction of evidentiary errors by the trial co