Dannoruwalage Gunasekera v. Wahumpurage Bebi – CA NO.882/97-1997

In the case between Dannoruwalage Gunasekera (Plaintiff-Respondent) and Wahumpurage Bebi (substituted by lA Dannoruwalage Nimal Jayatissa and others as Substituted Defendant-Appellants), the court addressed the issue of rightful title to a land parcel known as Lot 3B, forming part of “Hitinawatta”. It was determined that questions regarding the effect of a partition decree, validity of title by deed versus prescriptive possession, and adequacy of evidence required judicial clarification. The holding affirmed that the primary test in such disputes is to assess documentary title before considering prescriptive claims. This determination relied upon established legal principles, including precedents such as Karunadasa vs Abdul Hameed, emphasizing that appellate courts should not interfere wit