Nandawathie Kodithuwakku nee A.R.Nandawathie v. Wanigasinghe Arahchige Piyadasa et al. – CA 413/99 F -2015

The case between Nandawathie Kodithuwakku nee A.R.Nandawathie (plaintiff-appellant) and Wanigasinghe Arahchige Piyadasa with others (defendant-respondents) addressed whether the plaintiff was entitled to a declaration of title to the land known as Arambahena and the ejectment of the first defendant-respondent. The central issues concerned the plaintiff’s standing as a co-owner versus sole owner and the first defendant’s alleged acquisition of prescriptive title. It was held that a co-owner may seek declaration and ejectment from a trespasser even when the action is instituted as if for the whole, and that the defendant had not established prescriptive title. The principle reaffirmed is that co-owners are not prevented from relief simply by pleading for a larger share. The decision relied