W. Francis Perera vs Dewara Kottage Premawathi – CA NO. 879/98 F -2014

In the case between W. Francis Perera (Plaintiff-Respondent) and Dewara Kottage Premawathi with substituted 2A, 2B, 2C & 2D Defendant-Appellants (Defendant-Respondents), the central issue concerned whether the 2nd defendant-appellant, originally a licensee of the land, subsequently acquired prescriptive title sufficient to alter his entitlement upon partition. It was held that the evidence did not support the assertion that prescriptive possession was established, reaffirming the principle that mere occupation by a licensee and the institution of a police trespass action do not constitute an overt act converting possession to that of adverse possession. This was determined with reference to authorities such as RASIAH Vs SOMAPALA [2008 BLR 226], emphasizing that the requirements for prescri