H. M. Anoma Muthukuda et al. vs J. L. M. M. G. Jennet Perera et al. – CA 586/1998-2012

The case between H. M. Anoma Muthukuda and others (Plaintiffs) and J. L. M. M. G. Jennet Perera and People’s Bank (Defendants) addressed whether a specific 1-acre portion of land should be excluded from partition proceedings on the basis of prescriptive possession claimed by the 1st Defendant-Appellant. It was held that insufficient evidence existed to establish exclusive, continuous possession necessary for prescription, and the 1-acre plot could not be excluded from the corpus. This decision reaffirmed the principle that the burden of proving prescription requires clear and compelling evidence, including actual exclusive possession for the statutory period, as established under relevant statutes governing partition and prescription. The ruling emphasized that the lack of direct evidence