Weerasinghe Thilakaratne vs. Mathota Arachchige Shiran Mahinda and Vinietha Chandralatha Edussuriya – SC APPEAL 75/2013-2021

In the case between Weerasinghe Thilakaratne (Plaintiff) and Mathota Arachchige Shiran Mahinda and Vinietha Chandralatha (Defendants), the court addressed the issue of whether the Plaintiff had obtained a permanent servitude to use the road described in the third schedule of the plaint. The final holding affirmed the Plaintiff’s right to use the disputed road, finding that the evidence from prior partition actions and related plans clearly established the identification and location of the servitude, and that alleged prescriptive rights asserted by the Defendants lacked sufficient evidential foundation. It was determined that physical features, such as trees and an electricity post, did not affect the Plaintiff’s title to the servitude. The decision reaffirmed the principle that proper ide