Jayathilake vs Manike – CA 1334/99 F -2016

The case between Swarna Hemalatha Jayathileke and others (Plaintiffs-Respondents) and Jayasinghe Linde Gedera Piyarathna and others (Defendants-Appellants) addressed the issue of entitlement to declaration of title and possession to the land known as ‘Pethige Pitiya Hena’. It was held that the Plaintiffs-Respondents had valid title and right of possession, reaffirming the principle that documentary title, supported by acts of possession and admissions by the adverse party, prevails over unsupported claims to prescription or ancestral rights. Reliance was placed on evaluation of title deeds, evidence of possession, and admissions on record, emphasizing that mere permitted occupation does not confer prescriptive title against the true owner.

P.R. Walgama, J. — The findings established that