Rajapaksha Mudiyanselage Rajapaksha Muthubanda v. R.M. Appuhamy et al. – CA 718/99 F -2022

In the case between Rajapaksha Mudiyanselage Rajapaksha Muthubanda (Plaintiff) and R.M. Abeykone along with other family defendants (Defendants), the court addressed the issue of entitlement to partition land known as “Rambuk Hena,” specifically considering whether the 8th Defendant’s claim of prescriptive possession over a portion of the property could be established. It was determined that the 8th Defendant’s claim was unsupported, as the evidence did not substantiate adverse or hostile possession distinct from the familial rights recognized in the partition action. The judgment reaffirmed the principle that claims of prescription in partition actions require clear, exclusive, and adverse possession, particularly in the context of family ownership where such hostility must be unambiguous