Liyanarachchige Heenhamy and others Vs. Jasin Arachchige Karunawathie and others – CA NO. 1205/2000-2000

In the case between Jasin Arachchige Karunawathie and Liyanarachchige Heenhamy (deceased), among others, the court addressed whether the 1st Defendant-Appellant was entitled to a half-share of the entire land or only Lot B, given exclusion of Lot A due to the 3rd Defendant’s claim of prescriptive title. It was held that Lot A was correctly excluded from partition in favour of the 3rd Defendant, based on sustained, exclusive possession, reaffirming the principle that a co-owner may acquire prescriptive title against other co-owners under Sri Lankan law upon proof of exclusive, adverse possession for the requisite period. This decision was grounded in both factual findings and legal precedent, emphasizing that established prescriptive rights take precedence over claims by co-owners in partit