Pushpa de Silva Withanachchi and others Vs. Abayawansa Leelanatha Weththasinghe – CA 416/92-2012

In the case between Pushpa de Silva Withanachchi and others and Ajith Lukshman Weththasinghe and others, the court addressed the issues of identification of the corpus for partition, the validity of the appellants’ prescriptive claim over a portion of the property (Lot 2), and the effect of a fidei commissum imposed by a deed of gift. It was held that the subject land was accurately identified as Lots 1 and 2 in the preliminary plan, that the appellants failed to establish prescriptive title due to non-fulfillment of the criteria for prescription among co-owners, and that an undivided 1/2 share was subject to a fidei commissum and could not be allotted. The ruling reaffirmed the principle that clear evidence of ouster is required for prescriptive title among co-owners and that a fidei comm