Pipiyandara Somilan Silva and others Vs. Anthonidure Hemadasa de Silva and others – CA 566/97-1997

In the case between Liyanage Kusumawathi Silva (as substitute plaintiff for the late Anthonidure Hemadasa de Silva) and Liyanage Pemasiri Silva, Pipiyandara Somilan Silva (through their legal successors), and others, the issues before the court involved the identification of the land sought to be partitioned, sufficiency of title, and claims of prescriptive acquisition by the Defendants. It was determined that the land described as “Thangagewatta” alias “Dangahawatta” was correctly identified as distinct from “Makulugahawatta”, and that title traced through the Plaintiff’s deeds was valid. Claims of prescriptive title by Defendants were rejected based on failure to establish the necessary elements. The principle reaffirmed was that the boundaries and identity of property in partition actio