B.A.I. Perera vs Ariyasiri Upananda – CA 1113/98 F -2014

The case between B.A.I. Perera and Ariyasiri Upananda addressed whether the defendant-respondent had acquired prescriptive title to a disputed land, overriding the plaintiff-appellant’s claim of title based on a prior deed of transfer. The central issue involved the application of Section 3 of the Prescription Ordinance and whether the evidence established adverse possession by the defendant for a continuous period of at least ten years before the action was brought. It was held that long-term and uninterrupted possession under an agreement, supported by documentary and testimonial evidence including the plaintiff’s own admissions, satisfied the statutory requirements for prescriptive title. The decision reaffirms the principle that adverse possession, when established with sufficient evid