Govinnage Kelvin Perera vs Warnakulasuriya Arachchige Don Anal Freds – CA NO. 1079/96 F -2011

In the case between Warnakulasuriya Arachchige Don Anal Freds and others (Plaintiffs) and Govinnage Kelvin Perera (Defendant), the court addressed the issue of entitlement to a declaration of title to land and the ejectment of the defendant, along with the question of whether prescriptive title had been acquired by the defendant. It was held that the plaintiffs were entitled to a declaration of title and to recover possession, reaffirming the principle that the character of occupation by a licensee does not become adverse without clear evidence of change of intention or communication of adverse claim. Reliance was placed upon the assessment of credibility, contemporaneous documentation, and the advantages held by the original trial judge in evaluating evidence. The impact of the decision r