Herath Mudiyanselage Sarath Chandra Herath v. Rathnayake Mudiyanselage Kusumawathie et al. – SC APPEAL NO. 132/2010-2021

In the case between Herath Mudiyanselage Sarath Chandra Herath (Appellant) and Rathnayake Mudiyanselage parties (Respondents), the court addressed the issue of whether prescriptive title to a partitioned land corpus could be established by the Appellant despite conflicting paper titles and contested possession. It was held that the Appellant did possess and occupy the land in a manner satisfying the requirements for prescription, overturning a prior High Court decision and upholding the District Court’s finding. The court reaffirmed the principle that, for co-ownership to be defeated by prescriptive title, clear evidence of exclusive, continuous, and adverse possession must be demonstrated, drawing on authorities such as Corea v. Appuhamy and Chelliah v. Wijenathan. Emphasis was placed on