Indrasiri Jayawickrema and others Vs. Punchi Hewage Eddie de Silva and others – CA NO. 1153/2000-2000
In the matter between Punchi Hewage Eddie de Silva and others (Plaintiff-Respondents) and Indrasiri Jayawickrema and others (Defendant-Appellants), the primary legal issue concerned the ownership and possession of the northern half of a land parcel previously co-owned by Premawathy and the 1st Defendant. The central question was whether the Defendants had acquired prescriptive title to this land through adverse possession for the requisite statutory period. It was held that the Defendants failed to establish the necessary elements of adverse possession, as the evidence indicated both parties were absent during a critical period due to civil unrest and only a dispute arising in 1994 marked the onset of alleged ouster. The principle reaffirmed is that a co-owner’s possession is presumed for

