Dissanayake Lekamlage Nimal Jayatiss vs. D.C.Kegalle No.21371/P – CA NO.948/97-2018

In the case between Dissanayake Arachchilage Wickremanayake (Substituted 1st Plaintiff) and Dissanayake Lekamlage Nimal Jayatiss (7th Defendant-Appellant) and others, the court addressed the issue of whether the plaintiffs or defendants had acquired prescriptive title to co-owned property through long-term adverse possession. The court held that the evidence did not satisfy the strict legal criteria required for prescriptive title among co-owners, reaffirming the principle that such title can only be established by clear proof of ouster and exclusive adverse possession. Reliance was placed on established Sri Lankan authorities and statutory prescription law, emphasizing that the burden of proof is on the party asserting prescription, and that exclusive possession must be clearly evidenced.