Al Hareen Bin Ahamed vs. Mohamed Rafi Ismail Bin Hassan – SC APPEAL NO. 53/2011-2011

In the case between Al Hareen Bin Ahamed (Plaintiff) and Mohamed Rafi Ismail Bin Hassan (Defendant), the court addressed the dispute concerning possession and ownership of Lot 10, as depicted in Plan No. 14/1959, originally gifted through deed by the Plaintiff’s mother. The issue focused on whether an amicable partition of the property had been validly effected, the applicability of the Prescription Ordinance, and if exclusive possession sufficient to establish prescriptive rights existed following the claimed termination of leave and licence. It was determined that a clear partition had been established from 1959 onwards evidenced by consistent conduct of the parties, supporting exclusive possession of Lot 10 by the Plaintiff and precluding the Defendant’s assertion of prescriptive title