K.A. Piyadasa & G. Garlis Singho vs H. Publis Perera & General Manager, Co-operative Society Limited – CA NO. 1194/96 F -2011

The case between H. Publis Perera and K.A. Piyadasa and G. Garlis Singho addressed whether the 1st and 2nd defendants acquired prescriptive title to the subject property after the termination of their parents’ employment, and whether the plaintiff could be declared owner without expressly seeking such declaration in the plaint. It was held that the defendants were not entitled to prescriptive title and that the plaintiff was entitled to a declaration of title, reaffirming the principle that mere occupation under license does not enable prescription against the true owner. The decision relied on the evaluation of evidence regarding possession and the framing of trial issues, emphasizing that substantive issues determined at trial may override technical defects in pleadings.

A.W.A. Salam