Dematapitiyage Upali vs. Ambagahawattage Misinona and others – CA 1095/1999 F -2022

In the case between Dematapitiyage Upali (Plaintiff/Respondent) and Ambagahawattage Misinona and Ambagahawattage Simon Perera (1st and 2nd Defendant-Appellants), the court addressed whether Lots 1 and 2 in Preliminary Plan X should be excluded from the partition corpus based on a claim of prescriptive title by the 1st and 2nd Defendants, and whether the District Judge’s prior judgment correctly determined the extent of exclusion. It was held that the 1st and 2nd Defendants failed to establish a valid prescriptive right under Section 3 of the Prescription Ordinance to portions of the disputed lots not already excluded. The findings reaffirmed the principle that the burden of proof for prescriptive title rests on the party claiming adverse possession, and insufficient evidence will not warra