N. Dinesha Marita Amarasekera vs M.T. Theobald Perera et al. – SC APPEAL NO.117/2020-2022

In the case between N. Dinesha Marita Amarasekera (and predecessors in title) and M.T. Theobald Perera (deceased) including the substituted Defendants (1(a)–1(e)), the court addressed the issue of whether the Defendants had acquired title to lots D3 and E by adverse possession under Section 3 of the Prescription Ordinance. It was determined that the Defendants failed to establish the essential elements of uninterrupted adverse possession, given the absence of overt acts converting permissive possession into adverse possession during the relevant periods. The court held that mere long-term possession is insufficient without clear evidence of adverse intent communicated by overt acts. The trial court decisions, which favored the Plaintiff’s title and dismissed the Defendants’ prescriptive cl