Anthonidura Bastian Silva vs Wedikkara Chithra Kanthi De Silva – CA DCF/1132/99-2021

In the case between Anthonidura Bastian Silva and others (Plaintiffs-Respondents) and Wedikkara Chithra Kanthi De Silva and others (Defendant-Appellants), the court addressed the issue of whether the Appellants acquired prescriptive title to land as against co-owners and challenged the District Court’s partition order based on co-ownership shares. It was held that the Appellants failed to establish acquisition of prescriptive title since no conclusive evidence of ouster or adverse possession was demonstrated, reaffirming the principle that a co-owner’s possession is presumed to benefit all co-owners unless overt acts of exclusion occur. This decision relied on statutory prescription requirements, relevant case law, and established legal standards regarding co-ownership, emphasizing that me