Sarukkali Mahawidanage Ranjith Ananda v. Sarukkali Mahawidanage Sumitra Premawathie Weerasooriya – CA CASE NO. 982/2000-2000

In Sarukkali Mahawidanage Sumitra Premawathie Weerasooriya v. Lalitha Edirisinghe and others, the court addressed the issue of whether the 3rd Defendant-Appellant acquired prescriptive title to certain lots under Section 3 of the Prescription Ordinance, in opposition to the Plaintiff-Respondent’s claim based on a paper title established by a 1942 partition decree. It was held that the 3rd Defendant-Appellant failed to prove the necessary elements for prescriptive title—undisturbed and adverse possession for ten years—thus affirming the supremacy of the partition decree over the unsubstantiated claim of prescription. This decision reaffirmed the principle that prescriptive title requires strict proof of adverse, exclusive possession, referencing Section 3 of the Prescription Ordinance, and

REF: CA CASE NO. 982/2000-2000 Category: Tag:
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