Godayalage Hawadiya Halmassa vs The President Development Sabawa Kegalle – CA NO.677/97-2017

In the case between The President, Development Sabawa, Kegalle and others (Plaintiff-Respondents) and Godayalage Hawadiya Halmassa, Morontota (8th Defendant-Appellant), the court addressed whether the Defendant-Appellant acquired prescriptive title to Lot 1 of Plan No. 920 dated 15.11.1982 under Section 3 of the Prescription Ordinance. It was held that the Defendant-Appellant failed to establish the prescriptive title, reaffirming the principle that in partition actions, mere long possession or separate possession by a co-owner is insufficient to establish prescription without an overt act of ouster. This determination relied on established authorities interpreting the Prescription Ordinance, emphasizing that for co-owners, positive acts amounting to ouster are mandatory, and thus the Dist