Sithamparapillai Kathieravelu v. Ramasamy Gowrinathan and Periyathamby Sivasothinathan – SC APPEAL NO. 132/2009-2009

In the case between Sithamparapillai Kathieravelu (Plaintiff/Appellant) and Ramasamy Gowrinathan and Periyathamby Sivasothinathan (Defendants/Respondents), the court addressed whether the Plaintiff was entitled to restoration of possession of land under Section 4 of the Prescription Ordinance. The central issue concerned the Plaintiff’s alleged forcible dispossession and the reliability of evidence regarding the date and manner of such dispossession. The court held that the Plaintiff failed to establish, on a balance of probabilities, the requisite uninterrupted possession within the stipulated period and could not prove dispossession by force or unlawful means. The governing principle reaffirmed was that a party seeking restoration under the Prescription Ordinance must prove consistent an