Kithsiri Balasuriya Siril and Rajapakse Kanthi Sunethra Rajapakse vs Kalthotage Jayaratna – CA APPEAL NO. 571/99-2011

The case between Kalthotage Jayaratna (plaintiff-respondent) and Kithsiri Balasuriya Siril and Rajapakse Kanthi Sunethra Rajapakse (3rd and 4th defendant-appellants) addressed whether a legal right of way or public path existed across lot 1 of the land subject to partition. It was held that no such legally established access or easement was proven by the appellants. The findings reaffirmed the principle that easements and rights of way must be substantiated by sufficient and credible evidence, both documentary and oral. The decision relied on the survey plans and the testimony of the licensed surveyor, emphasizing that vague assertions or long histories of purported use are insufficient to establish legal rights absent corroborative documentary evidence. Dismissal of the appeal and affirma