K. A. Somawathie Fernando and B. Gabriel Fernando vs Weerasinghege Ranjith Silva and Deepika Malkanthi Silva – CA APPEAL NO.1236/99 F-2011

In the case between K. A. Somawathie Fernando, B. Gabriel Fernando (Plaintiff-Appellants) and Weerasinghege Ranjith Silva, Deepika Malkanthi Silva (Defendant-Respondents), the court addressed whether the Plaintiff-Appellants were entitled to a declaration of title and other reliefs regarding a disputed land based on paper title and prescription. The Court held that the Plaintiff-Appellants failed to establish exclusive and adverse possession necessary to acquire prescriptive rights against other co-owners, as required by law, and that not all co-owners were made parties to the action. It was determined that mere possession or paper title over an undivided share is insufficient to succeed in an action for the whole property without proving ouster or exclusive possession. The decision reaffi