Bowattegedara Don Francis Lional Wijerathna v. Kingsley Samarakoon et al – CA 1196/99 F -2021

In the case between Bowattegedara Don Francis Lional Wijerathna (Plaintiff-Appellant) and Kingsley Samarakoon (deceased, substituted by Hyacinth Wijerathna), Hyacinth Wijerathna, and Soma Wagodapola (Defendant-Respondents), the court addressed whether the plaintiff and co-owners were entitled to a declaration of title, ejectment, damages, and costs concerning a portion of land, or whether the defendants had acquired prescriptive title through uninterrupted, adverse possession. It was held that the plaintiff failed to establish clear title or requisite possession, while the defendants demonstrated continuous, undisturbed, and adverse possession for the required period under the Prescription Ordinance. The findings reaffirmed that, in a rei vindicatio action, the burden lies with the plainti