Amarathunga Arachchige Podimahattaya Perera vs Amarathunga Arachihige Danawansa Perera – CA PHC/42/2007-2017

In the case between Amarathunga Arachchige Podimahattaya Perera (now substituted by Kalapuhena Mesthrige Seelawathie and others) and Amarathunga Arachihige Danawansa Perera (“Amara book shop”), the court addressed the issue of whether the substituted Petitioner was entitled to use a specific roadway as access to their residence, based on long-standing use. It was held that the Petitioner had established a right to use the disputed roadway for over 10 years, confirming the entitlement to such usage, irrespective of the existence of an alternative route. The principle affirmed was that long and continuous usage, established by both affidavits and documentary evidence, is sufficient to confirm such a right, and that the presence of another route is immaterial to this determination. Reliance w