Miss L.U.C.Kuruppu vs S. Jayaratne – 907/99 F -2014

The case between Miss L.U.C. Kuruppu (Administratrix of the estate of late Mr. D.B.M. Kuruppu) and S. Jayaratne considered whether the property described in the plaint belonged to the estate of the late Mr. D.B.M. Kuruppu and whether the Plaintiff was entitled to eject the Defendant and recover damages. It was held that the Plaintiff had proved her title to the property and that the Defendant failed to establish a valid claim of prescriptive title. The principle reaffirmed was that in actions for recovery of property, the Plaintiff must prove title, and once established, the burden shifts to the Defendant to prove prescriptive possession with sufficient certainty. The decision relied on statutory requirements under Section 3 of the Prescription Ordinance and case law, emphasizing that pres