Athankany Seenathumma (Deceased) Vs. Sultan Lebbe Abdul Rahman et al. – CA CASE NO. 1395/2000-2018

In the case between Athankany Seenathumma (substituted by Abdul Maheej Ashraff Ali) and Sultan Lebbe Abdul Rahman and others, the court addressed the issue of entitlement to declaration of title, ejectment, and damages regarding land identified in Schedule “B” to the plaint. It was held that the Plaintiff’s claim was substantiated by documentary evidence and correct identification of the disputed land, while the Defendants failed to establish prescriptive title due to insufficient and contradictory claims regarding the period and nature of possession. The principle reaffirmed is that under Section 3 of the Prescription Ordinance, strict proof of 10 years’ adverse possession is required to claim prescriptive rights. The judgment set aside the decision of the District Judge, granting title a