Amaraweera vs Karunawathie – CA 833/99 F -1999

In the case between Egodage Karunawathie (Plaintiff Respondent) and Balavedage Aques Amaraweera (1st Defendant Appellant), the court addressed the entitlement to shares of the land known as Thanigahawate alias Ekagahawatte, specifically whether the 1st Defendant was entitled to the entirety or only a portion (7/9 share) by right of prescriptive possession. It was held that the 1st Defendant/Appellant failed to establish exclusive prescriptive possession entitling more than the documented 7/9 share; co-ownership remained valid absent proof of exclusion or ouster. This decision reaffirmed the principle that the burden of proof for prescription in partition actions rests on the claimant. The court relied on precedents regarding co-ownership and prescriptive possession, emphasizing that mere l