C.A. No: 595/94F – Munasingha Arachchige Pius Perera et al v. Wamakulasooriya Mahalekamge Rita Petrishiya Fernando et al – CA NO: 595/94F-2011

In the case between Warnakulasooriya Mahalekamge Rita Petrishiya Fernando (Plaintiff) and Munasingha Arachchige Pius Perera, Wijesinghe Hettiachci Mudiyanselage Chandrasena (Defendants), the court addressed the issue of whether the appellant (1st Defendant) was entitled to sole ownership of the land “Katakalagahawatte” by virtue of prescription, or whether the land remained undivided among co-owners as determined in the partition action. It was held that the appellant’s claim to prescriptive title was unsubstantiated due to the lack of evidence of ouster and exclusive possession, reaffirming the principle that a co-owner must establish ouster and exclusive possession to succeed in a claim for prescription against co-owners. Reliance was placed on established principles of co-ownership, pre