Batugahage Don Wilbert Mahagonaduwa v. Batugahage Dona Sunila Gotami – CA-DCF-1334- 1338/2000/F-2021

In the case between Batugahage Dona Sunila Gotami (as substituted plaintiff for Batugahage Don Wilbert Mahagonaduwa) and multiple defendants, including the 1st, 2nd, 18A, 19th, 6A, and 15th defendants, the court addressed the proper partition and devolution of shares of the property “Galagawalanda” (6.5 acres). The central issue concerned the District Judge’s allocation of property shares, adjudication of prescriptive claims to specific lots (notably lots 1, 4, 5, and 6), and the accuracy of the legal pedigree set out. It was held that the District Judge failed to properly consider and apply evidence relevant to co-ownership, prescriptive rights, and the correct devolution of shares. The judgment reaffirmed the principle that prescriptive title among co-owners requires clear proof of “oust