Vitharamalage Don Edonis vs Rajapaksa Dewage Somaratne – CA NO. 729/2000-2014

In the case between Vitharamalage Don Edonis Uda Pebotuwa (Plaintiff/Appellant) and Rajapaksa Dewage Somaratne Rajapaksa (Defendant/Respondent), the court addressed whether the appellant was entitled to a declaration of title and ejectment of the respondent from the subject land, and whether the respondent had acquired prescriptive title under Section 3 of the Prescription Ordinance. It was held that neither party discharged their legal burden — the appellant failed to prove clear title or proper identification of the land, and the respondent did not establish the required adverse possession for prescription. The legal principle reaffirmed that possession as a co-owner without clear adverse acts does not suffice for prescription. The outcome emphasized strict adherence to evidentiary burd