Neina Marikkar Umma Suleyha vs Rathubadalge Ensohami – 02/2000-2016

The case between Neina Marikkar Umma Suleyha (substituted by Mohamad Tawufeek Zeenathul Munauvara) and Rathubadalge Ensohami (substituted by Dewanarayana Acharige Ariyawathee and others) addressed whether the Defendant could claim prescriptive title to a house reconstructed on the Plaintiff’s land, entitlement to compensation for improvements, and protection under the Rent Act. It was held that the Defendant was not entitled to prescriptive title, nor to compensation for improvements, nor to protection under the Rent Act, on the ground that the Defendant’s occupation was permissive and the new house acceded to the landowner by operation of law. The principle reaffirmed established rules on accession and estoppel where permissive occupation occurs, relying upon Civil Procedure Code Section