L. Supulawathie de Silva vs P. Hector Silva – CA 825/1998-2011

The case between L. Supulawathie de Silva (Plaintiff-Appellant) and P. Hector Silva (deceased), P. Gnanasiri de Silva, and T. Ginasiri de Silva (Defendant-Respondents) addressed whether the Plaintiff-Appellant was entitled to a declaration of title and ejectment of the Defendants from the disputed land on the basis of prescriptive title. It was determined that the Plaintiff-Appellant failed to establish continuous adverse possession by the 3rd Defendant following a conditional transfer, undermining the claim of prescriptive title. The principle reaffirmed is that prescriptive possession must be continuous, adverse, and exclusive for the statutory period, with clear and cogent evidence in accordance with Section 3 of the Prescription Ordinance. Reliance was placed on authorities such as Che

REF: CA 825/1998-2011 Category: Tag:
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