Weera Mawatha vs W.O. Krishan De Mel – CA RII/22/2022-2022

The case between W.O. Krishan De Mel (Defendant-Petitioner) and Amali Elisebeth Shamaleen Perera and Rita Lilamanie Roshanthi Perera (Substituted-Plaintiff-Respondents) centered on the contested ownership and possession of land. The primary issues considered were the sufficiency of evidence for acquisition of prescriptive title by the Petitioner, whether benefits under a judgment for eviction and compensation could be transmitted to the heirs upon the death of the Original Plaintiff, and the effect of the Petitioner’s subsequent registration as First Class Titleholder on post-judgment execution. It was held that the Petitioner did not satisfy the requirements for adverse or prescriptive title since the possession was not shown to be adverse in law. The District Court’s findings and the app