Silva vs Goonewardane – clr volume 2 page 140

In the case between the lessees under the will of Hendrick Silva and others (Plaintiffs) and the parties challenging title under intestacy (Defendants), the court addressed the validity of a title derived from an unprobated will and the sufficiency of evidence for prescriptive possession. It was held that incidental proof of a will that has not been admitted to probate does not conclusively establish testamentary title, and prescriptive possession must be strictly proven. This holding reaffirmed the principle that property title based on a will can only be conclusively established through probate, and prescriptive possession requires clear and cogent evidence of exclusive possession. The decision relied on established rules concerning probate and the law of prescription, emphasizing that m