P.M.Gunarathna Banda vs G.Carolis Appuhamy – CA NO.1270/2000-2013
In the case between G. Carolis Appuhamy (Plaintiff-Respondent) and P.M. Gunarathna Banda, K. Anulawathie, and others (Deceased-Defendant-Appellant and Substituted-Defendant-Appellants), the court addressed whether the Defendant-Appellant had acquired prescriptive title to Lots A and F of a property previously subjected to partition. The court held that the Defendant-Appellant failed to establish prescriptive title and was not entitled to remain in possession or claim damages for improvements, reaffirming the principle that findings of fact by trial courts will not be disturbed on appeal unless shown to be perverse or erroneous. Reliance was placed on the doctrine regarding co-ownership and the rights of co-owners to seek eviction of trespassers, as well as established authorities governing

