M. M. N. Punchibanda of Werapola, Wariyapola (Deceased) Plaintiff-Appellant v. M. M. N. Punchibanda of Werapola, Wariyapola (Deceased) et al. – CA 249/1997-1997

The case between M.M.N. Pemadasa (Plaintiff-Appellant, substituted for M.M.N. Punchibanda) and M.M.N. Ranbanda, M.M.N. Bandimenika, A.M. Bandaranayake, and R.M. Senanayake (Defendant-Respondents) concerned the entitlement to redeem Usufructuary Mortgage Bond No. 3072 of 1905 after an 81-year interval. The appellate review centered on whether the plaintiff established a valid right to redemption in light of evidentiary deficiencies regarding title, devolution, and possession, as well as the implications of prescription and adverse possession raised by the respondents. The findings established that serious inconsistencies in proof of title and inadequacies in documentary evidence undermined the plaintiff’s claim. It was determined that long lapses of time, coupled with insufficient and contr