Velupillai Seenathumma v. Velupillai Thamby – CA DCF/1395/00-1997

In the case between Athamkandu Seenathumma (substituted by Abdul Majeed Ashraf Ali) and S. L. Abdul Rahman, S. L. Adam Lebbe alias Bawa, and others, the court addressed whether the Defendants-Respondents had acquired prescriptive title to land under Section 3 of the Prescription Ordinance, thereby contesting the Plaintiff-Appellant’s claim for declaration of title and ejectment. It was held that Defendants-Respondents failed to properly plead and prove the elements of prescriptive title for the requisite statutory period, and further that the Plaintiff-Appellant’s documentary title and identification of the corpus were adequately established. The findings reaffirmed the principle that, in actions for declaration of title and ejectment, the defendant bears the burden of establishing adverse