Mahabaduge Clera Fernando v. Weerawarnakula Sooriya Boosa Baduge Daisy Matilda Fernando et al – CA : 819/96-1996

In the case between Weerawarnakula Sooriya Boosa Baduge Daisy Matilda Fernando and others (Plaintiffs-Respondents) and Mahabaduge Clera Fernando (3rd Defendant-Appellant), the court addressed whether Lots C1 and D of “Polkotuwewatta Pawula Owita” should be partitioned among the claimants and whether the 3rd defendant had acquired prescriptive title by exclusive possession. It was held that the land was properly identified for partition and that the claim of prescriptive title by the 3rd defendant lacked evidentiary support. The principle reaffirmed was that, in the absence of substantive contest or evidenced ouster, partition should proceed according to due title of co-owners, relying on the established plan and admissions on record. The decision emphasized the necessity of presenting sati