Abeygunawardana Liyanarachchige Dinadasa vs Kulawathi Jayasinghe – CA NO. 611/98-2013
In the case between Kulawathi Jayasinghe (Plaintiff-Respondent) and Abeygunawardana Liyanarachchige Dinadasa (Defendant-Appellant), the court addressed the issue of whether the plaintiff was the lawful owner of Lots 3, 4, and 5 in Plan No. 3016 and entitled to a declaration of ownership, eviction of the defendant, and damages, while the defendant asserted prescriptive title (adverse possession) under Section 3 of the Prescription Ordinance. It was held that the plaintiff established valid title through a partition decree and deed, with evidence confirming identification and ownership of the disputed lots, and that the defendant’s claim of prescriptive title was not substantiated. The principle reaffirmed was that clear and unbroken possession by the defendant must be proved to establish pr

