M. A. Sugathadasa, Chandra Jayaweera, Jayaweera Arachchige Chandra Podimenike vs Abesinghe Mudiyanselage Ranjith Gamini Abeysinghe – SC APPEAL NO.144/2016-2021

In the case between Chandra Jayaweera, Jayaweera Arachchige Chandra Podimenike (Plaintiff-Appellant-Respondents) and Abesinghe Mudiyanselage Ranjith Gamini Abeysinghe (Defendant-Respondent/Appellant), the court addressed the issue of whether the Defendant acquired prescriptive title to a property known as the “Kada Kamaraya” and its land through adverse possession. It was held that the Defendant failed to provide the requisite clear and positive proof of a starting point and overt act of ouster necessary for prescriptive title, reaffirming the principle that mere possession without demonstrable exclusion of the owner’s rights does not fulfill statutory requirements for adverse possession. The analysis relied on authorities including Chelliah v. Wijenathan and Sirajudeen v Abbas, with empha