K.P.Sumanawathie vs Nilenti Sirisena – CA NO.830/98-2014

In Nilenti Sirisena v. K.P. Sumanawathie and Others, the court examined the entitlement of the plaintiff to a declaration of title concerning Lot “H,” the issue of prescriptive title under Section 3 of the Prescription Ordinance, and the proper allocation of the burden of proof in actions for declaration of title (rei vindicatio). It was held that the plaintiff failed to establish either paper title or prescriptive title to Lot “H,” with the evidence falling short of demonstrating uninterrupted, adverse possession for the statutory period. The legal principle reaffirmed was that the burden lies on the plaintiff to prove ownership in rei vindicatio actions, and mere possession does not suffice unless requirements for prescriptive title are strictly satisfied. Reliance was placed on establis