Pitiwela Kankanange Polier Jayathilake and Pitiwela Kankanange Don Mervin Edgar Jayathilake v. Pitiwela Kankanange Don Richard Jayathilake et al. – CA 860/99 F -1999

In the case between Pitiwela Kankanange Polier Jayathilake and Pitiwela Kankanange Don Richard Jayathilake (with multiple co-plaintiffs and co-defendants), the court addressed whether the 7th and 8th Defendants acquired prescriptive title to lot no. 1 of Thalagahawatta alias Gedarawatta through adverse possession, thereby extinguishing the Plaintiffs’ co-ownership rights in a partition action. The court determined that the evidence established exclusive, undisturbed, adverse possession by the 7th and 8th Defendants for the period required under Section 3 of the Prescription Ordinance. It was reaffirmed that a claimant must prove exclusive possession with animus domini for the requisite period, with reliable and consistent evidence. The decision was based on both statutory requirements and