Asoka De Mel Co. Ltd vs. W. Gunadasa – CA 671/95 F -2021

In the case between Asoka De Mel Co. Ltd (plaintiff/respondent) and W. Gunadasa (defendant/appellant), the court addressed the acquisition of title by prescription under Section 3 of the Prescription Ordinance, the plaintiff’s entitlement to a declaration of title, and the defendant’s claim of adverse possession over a portion of land. It was held that mere possession, even if lengthy, does not suffice to establish prescriptive title without clear and unequivocal evidence of adverse possession, and that failure to produce such supporting evidence or necessary documentation is fatal to such a claim. The findings reaffirmed the legal principle that prior partition actions are binding and preclude subsequent claims to the portion adjudicated. Reliance was placed on statutory requirements and