Suriya Arachchige Karunawathie vs Ananda Gamini Gardiye Punchihewa – CA 47/98 F -2013

In the case between Suriya Arachchige Karunawathie (Defendant-Appellant-Petitioner) and Ananda Gamini Gardiye Punchihewa and Ruwan Charitha Gardiye Punchihewa (Plaintiff-Respondents), the court addressed the issue of whether the Defendant could establish title to the disputed land by prescription under Section 3 of the Prescription Ordinance. It was determined that the Defendant had failed to prove continuous, uninterrupted, and undisturbed possession for the requisite period due to disturbances commencing in 1981, as evidenced by incidents of obstruction and related legal proceedings initiated by the Plaintiffs. The decision reaffirmed the principle that prescriptive title cannot be established where possession is clearly interrupted within the statutory period. Reliance was placed on the