Abeykoon Mayadunnage Isuru Udayantha Abeykoon vs Abeykoon Mayadunnage Somapala Abeykoon – SC APPEAL NO. 6/2013-2014

In the case between Abeykoon Mayadunnage Isuru Udayantha Abeykoon (plaintiff) and Abeykoon Mayadunnage Somapala Abeykoon, Abeykoon Mayadunnage Gnanalatha Abeykoon, and Hiriyadeniya Karunarathna Ananda Athapattu Mudali (defendants), the Supreme Court addressed whether a valid amicable partition of land had occurred in Conciliation Board proceedings in 1975 and whether a co-owner may acquire prescriptive title to co-owned property absent clear ouster of other co-owners. It was held that amicable partition requires the participation of all co-owners, and, absent such participation, joint possession persists under established legal principles. The appeal was dismissed, reaffirming that uninterrupted joint possession by co-owners does not confer prescriptive title in the absence of clear ouster

REF: SC APPEAL NO. 6/2013-2014 Category: Tag:
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