Abeydeera Jayasooriya Seena Patabendige Kusumawathie vs Jayasooriya Arachchi Patabendige Wijeratne – SC APPEAL 213/2012-2018

In the case between Abeydeera Jayasooriya Seena Patabendige Kusumawathie (Plaintiff) and Jayasooriya Arachchi Patabendige Wijeratne (Defendant), the Supreme Court addressed whether the Defendant had established prescriptive title through adverse possession under Section 3 of the Prescription Ordinance. It was held that mere long-term occupancy does not automatically confer adverse possession, and the Defendant failed to establish a specific starting point or continuous, undisturbed, and adverse possession required by law. The court reaffirmed that proof of uninterrupted, adverse, and open possession against the rightful owner is essential for a prescriptive title claim. Reliance was placed on statutory requirements and relevant precedents, resulting in the Defendant’s appeal being dismisse