Mrs. Eileen Eunice De Silva vs G. Liyanage Jayanoris – CA NO. 43/2000 F-2013

In the case between Mrs. Eileen Eunice De Silva (Plaintiff/Appellant) and G. Liyanage Jayanoris (Defendant/Respondent), the court addressed the issue of whether the Plaintiff/Appellant was entitled to a declaration of title to the premises and the ejectment of the Defendant/Respondent, or whether the Defendant/Respondent had acquired prescriptive title under Section 3 of the Prescription Ordinance. It was determined that the Defendant failed to establish the elements required for prescriptive title, particularly given the evidence of continued recognition of the Plaintiff’s title, including rent payments and absence of adverse possession. The holding reaffirmed the principle that adverse possession must be open, uninterrupted, and clearly adverse to the interest of the true owner. Reliance