Abeywansha Leelanatha Wettasinghe vs Pushpa de Silva Withanachchi – CA NO. 272-273/94 F -2011

In the case between Abeywansha Leelanatha Wettasinghe (plaintiff) and Pushpa de Silva Withanachchi, Rukmani Silva Withanachchi, Habaragamuralalage Sarath Gamini Peiris, D.A.B. Senaratne, among others (defendants), the court considered entitlement and prescription claims over Lots 1 and 2 of the land Gorakagahawatta. The principal legal questions centered on whether the 11th defendant could be deemed entitled to Lot 1 on the basis of prescription, and whether the 3rd defendant’s prescriptive claim to Lot 2 was sustainable. The court determined that the 11th defendant was entitled to prescriptive possession but that this entitlement should be expressed as a share in the corpus rather than exclusion, and found no merit in the 3rd defendant’s claim to Lot 2 for want of evidence of ouster. The