Gunetthi Dilman Nona vs Muthuwahendi Akmon Silva – CA NO 1322/2000 F-2013

In the case between Gunetthi Dilman Nona (Plaintiff) and Muthuwahendi Akmon Silva (deceased) and others (Defendants), the court addressed the issue of whether the Plaintiff had acquired prescriptive title to the land described in the plaint, thereby entitling her to a declaration of title. It was held that the Plaintiff failed to establish such title, reaffirming the principle that possession under leave and license does not constitute adverse possession required for prescription. The decision relied on requirements under the Prescription Ordinance and applicable precedents, emphasizing that occupation with the permission of the true owner cannot ripen into prescriptive title absent clear evidence of exclusive, adverse possession.

Upaly Abeyrathne, J. — Upon review of the facts and legal