N.K. Jayaratne Vs. A.M. Sithy Fathima – CA 1292/98 F -2012

In the case between A.M. Sithy Fathima (Plaintiff/Respondent) and N.K. Jayaratne (Defendant/Appellant), the court addressed the issue of title and possession over land (lots 9 and 10 on plan No. 134A), and specifically, whether the Defendant/Appellant established a prescriptive title under Section 3 of the Prescription Ordinance. It was held that the Plaintiff’s title, derived through a final decree and deed of gift, was not displaced by the Defendant/Appellant’s claim based on adjacency and a separate deed for other lots. The principle reaffirmed was that prescriptive title must be clearly established by evidence showing possession adverse to the true owner. Statutory requirements and previous precedent emphasize that mere proximity or possession of adjacent lots does not substantiate a c