Hikkaduwa Vidanaralalage Nelson Dias vs Rexi Mangalika Epaliyana – CA 1186/98-2011

In the case between Hikkaduwa Vidanaralalage Nelson Dias (Plaintiff-Appellant) and Rexi Mangalika Epaliyana and others (Defendants-Respondents), the issue concerned whether the plaintiff-appellant was entitled to ownership of Lot “R” in Plan No. 2217 based on prescriptive title under Section 3 of the Prescription Ordinance, and consequently, whether entitlement to evict the substituted defendants-respondents was established. It was held that the plaintiff-appellant could not establish prescriptive title in the absence of paper title, as acts indicating acknowledgment of the respondents’ ownership negated the requirement for adverse possession. The principle reaffirmed was that a claim of prescription requires proof of uninterrupted, undisturbed possession adverse to the interests of the ri