Hewa Alankarage Rosalin Hami vs. A.E. Hewage Hami and others – SC APPEAL NO. 15/2008-2010

In the case between Hewa Alankarage Rosalin Hami (2nd Defendant-Appellant-Petitioner) and E. Hewage Hami, L.H. Indrasena, and others (Substituted Plaintiff-Respondent-Respondents), the court addressed the issue of whether effective delivery of possession of the disputed land was made to the Respondents as evidenced by the Fiscal’s execution of writ, and whether the Appellant had established exclusive, undisturbed, and uninterrupted possession sufficient for prescription or adverse possession. It was held that possession had been duly delivered to the Respondent according to statutory presumptions under Section 114(d) of the Evidence Ordinance and supported by documentary evidence, with the Appellant failing to establish a superior claim. The appeal was dismissed without costs, reaffirming