Wedamulla Madinage Mendis Appu vs Polwatta Gallage Premathilake – DCF 1114/2000-2020

In the case between Wedamulla Madinage Namadasa (substituted plaintiff for the deceased plaintiff) and Polwatta Gallage Premathilake, together with Polwatta Gallage Sandya, Premathilake (defendant and substituted defendant-appellant), the court addressed the issue of title ownership over the land known as Makandugoda Kurunduwatta. The court held that the plaintiff’s claim to title, substantiated through a deed of transfer and a partition decree, was superior to the defendant’s claim of prescriptive title under Section 03 of the Prescription Ordinance. It was established that the defendant’s possession was permissive and not adverse, thereby defeating the claim to prescriptive title. The decision reaffirmed the principle that prescriptive title cannot be established where possession is exer