Dikwella Vidanage Jardias vs Karunaratne Gallage et al – CA NO. DCF – 0524A/99-1999

In the case between Dikwella Vidanage Hansawathie (Substituted Plaintiff-Appellant) and Jayawardene Pathiranage Pemadasa (9th Defendant) with other defendants, the court addressed whether the 12th and 13th Defendants acquired prescriptive (adverse) title to Lot 4 and Lot 2 of the land “Thummulla” under Section 3 of the Prescription Ordinance. The core dispute centered on whether these lots should be excluded from the corpus to be partitioned, based on claims of adverse possession, and the proper allocation of shares among parties per deeds of title and registration. It was determined that the evidence did not establish the requisite adverse possession by the 12th and 13th Defendants, as their occupation was consistent with cultivation as agents of the 10th Defendant and lacked the overt ac