Hiniduma Liyanage Nandawathie vs. Samarasinghe Vidanagama Ariyasena – 786/97-1997

In the case between Hiniduma Liyanage Nandawathie (Appellant) and Samarasinghe Vidanagama Ariyasena with others (Respondents), the issue involved the partition of Pitiduwa Kumbura and whether undivided property rights were to be distributed by the Appellant’s asserted pedigree, or whether the 1st Respondent’s predecessor acquired ownership by prescription. It was held that exclusive, adverse possession had been sufficiently established by the 1st Respondent through compelling documentary evidence including prolonged exclusive leasing activity, satisfying requirements for prescription as against co-owners. The court reaffirmed the principle that in partition and co-ownership disputes, prescriptive title may be acquired by unequivocal acts and open assertion of sole ownership, supported by r