Dr. Ms. Aruni Molagoda v. Disanayake Mudiyanselage Gunawardena – CA NO.307/1999-1999

In the case between Dr. Ms. Aruni Molagoda (Plaintiff) and Disanayake Mudiyanselage Gunawardena (Defendant), the court addressed whether the Plaintiff was entitled to a declaration of title to lot B of Welegoda Hena alias Nugagahapitiya Walawwa (Lot 2B), ejectment of the Defendant, and damages, and whether the Defendant had acquired a legal right of way over the Plaintiff’s land. It was held that the Defendant had not established any lawful right of way, as evidence confirmed the road did not exist at the time of Defendant’s acquisition and was later created without legal basis. The Defendant’s encroachment was deemed unlawful. The judgment reaffirmed the legal principle that a right of way cannot be acquired absent express grant or long-established necessity, relying on analysis of docume