Liyanagamage Kotunnawatte vs Wickremanayake Arachchi Santi – CA1331/96-2013

The case between Liyanagamage Jayanoris, later substituted by Keembiye Liyana Gamage Gnanapala (plaintiff), and Wickremanayake Arachchi Santi alias Suwaris (deceased, substituted by Carolis, Bennet, Amarasiri, and Nandasiri Wickremanayake Arachchi) and Wickremanayake Arachchi Sarath (defendants) addressed the issue of unlawful encroachment and the acquisition of prescriptive title to lands identified as lots 6 and 7 on Plan No 148X. The core dispute concerned whether the defendants unlawfully occupied 0.545 perches of the plaintiff’s land or had acquired valid prescriptive title to those portions, now marked as lots 6A and 7A on Plan No 194. The trial court found in favour of the 2nd defendant, accepting the defendants’ version of continuous possession. On appeal, the court reaffirmed the