Pituwala Kankamge Gunawathie vs Uberis Blok – CA APPEAL NO: 905/96F-2011

The case between Uberis Blok (Plaintiff-Respondent) and Pituwala Kankamge Gunawathie (8th Defendant-Appellant), among others, addressed whether a party retaining possession of land under the right of retention (jus retentionis) while awaiting compensation for improvements may acquire prescriptive title to that portion of the property in a partition action. It was held that possession maintained under jus retentionis does not amount to adverse possession, and the right to compensation for improvements does not convert into a prescriptive right to title. The legal reasoning relied on De Silva v. Sangadasa (40 NLR 162) and Sediris v. Dingirimanika (51 NLR 6), reaffirming that such possession cannot defeat a co-owner’s claim nor extinguish the right to compensation due to limitation. The decis