Gamhewage Service vs Donald Warnakulasooriya Gunasekara – 915/2000 F -2000

In the case between Bandulasena Gamhewa, S.E. Sujatha, and others (Plaintiffs) and Thilakaratne Paranamana, A.J.S.P. Jossienona, Sunil Warnakulasooriya Gunasekera, and others (Defendants/Appellants), the court addressed whether the Plaintiffs were entitled to partition the land known as “Thanalanda” in Hambantota, and whether the Defendant-Appellants had acquired prescriptive title to the property through adverse possession. It was determined that the Plaintiffs met their evidentiary burden for partition, while the Defendants/Appellants failed to establish prescriptive title, as their evidence was contradictory and did not demonstrate an overt act of ouster adverse to the Plaintiffs. The principles reaffirmed include the necessity for clear, unequivocal evidence for claims of adverse posse