Amis Premaratne v. Attala Gamaralalage Pedhiris Singho – CA 227/99-1999

In the case between Amis Premaratne, A.G. Dayawathie Premaratne, Wilbert Rajakaruna, Ranjith Premarathne, and others (Plaintiffs), and Attala Gamaralalage Pedhiris Singho, K.M. Leelawathie, Kangun Mohottilage Somawathie, and others (Defendants), the court addressed whether the defendants had acquired title to the entirety of the disputed property by prescription for over 60 years, as against the plaintiffs’ claim of co-ownership. It was held that adverse possession and ouster among co-owners must be strictly proved, with mere long possession by one co-owner being insufficient. The principle that a co-owner’s possession remains joint unless clear evidence of ouster is shown was reaffirmed. Reliance was placed on authorities including Corea v. Iseris Appuhamy and Tillekaratne v. Bastian, wit

REF: CA 227/99-1999 Category: Tag:
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