Neil Jayasundera vs Agostinu Saranapala – SC APPEAL NO. 89/2013-2017

In the case between Neil Jayasundera and Agostinu Saranapala, the court considered the issue of the rightful title to disputed land and a building, focusing on the legality of continued occupation by the defendant following a leave and license arrangement that later became unlawful. The holding established that the plaintiff had a valid and sound title to the property, and the defendant’s occupation became unlawful after withdrawal of permissive leave. The court reaffirmed that, under the Prescription Ordinance, the burden lies on the defendant to prove adverse possession, which was not met on the facts of this case. Reliance was placed on the partition decree, survey plans, and established legal precedents, underscoring that permissive possession cannot mature into adverse possession abse