Talagedera Kiripannikaya and Thalagedera Podisira v. T.M. Sugathadasa and Ven. P. Dhammadassi – CA SI3/98 F -1998

In the case between Talagedera Kiripannikaya and Thalagedera Podisira (Plaintiffs-Respondents) and T.M. Sugathadasa (1st Defendant-Appellant) with Ven. P. Dhammadassi (2nd Defendant), the court addressed the issue of entitlement to title and possession of land identified in the 3rd schedule to the plaint and whether the defendants acquired prescriptive rights to the same. It was held that the plaintiffs established title and possession to the disputed land, rejecting the defendants’ prescriptive claim and finding the lands referenced by the parties to be distinct. Procedural challenges regarding the adoption of prior evidence and refusal to order a re-trial were found without merit. The principle reaffirmed was that clear identification of land and sound evidentiary procedure are vital in