De Seram vs Dehiwela Mount Lavinia Municipal Council – SC APPEAL NO. 143/2013-2014

In the case between Fritzroy Clarance De Seram (and co-owners) and the Dehiwela Mount Lavinia Municipal Council, the court addressed the issue of title ownership over Lot No.6B of Plan No.1921. It was held that the Plaintiff had clearly established title to the land, and the Defendant-Appellant’s claims of prescriptive title could not be sustained in light of the evidentiary record. The principle reaffirmed is that prescriptive title cannot be acquired where the Defendant’s possession was permissive and not adverse to the Plaintiff’s interests, especially when documentary evidence and conduct, such as prior acts by the Defendant-Appellant admitting Plaintiff’s title, undermine such a claim. The decision relied on analysis of deeds, survey plans, and correspondence, underscoring that longst