Wijesekera Ekanayake Mudiyanselage Somalatha Podimenike vs Sethunga Mudiyanselage Tikiri Banda – CA CASE NO:-922/99 F -2015

In Wijesekera Ekanayake Mudiyanselage Somalatha Podimenike (Plaintiff-Appellant) v. Sethunga Mudiyanselage Tikiri Banda and Wijesekera Ekanayake Mudiyanselage Kusumawathie (Defendant-Respondents), the court addressed the issue of whether the plaintiff-appellant had established title to the land in a rei-vindicatio action and whether the defendants had acquired title by prescription. The court held that the plaintiff-appellant established paper title and that the defendants failed to satisfy the strict requirements for prescriptive title, particularly in light of the plaintiff’s minority status during the claimed period of prescription. The principle reaffirmed was that, upon proof of documentary title, possession is presumed unless the defendants can unequivocally establish adverse possess